This is a review of a mutually agreed whiplash settlement for which I provided legal representation for Mrs. Vida Johnson, Plaintiff; whose car was involved in an accident on 2013 December 20, with a Delivery Truck Driver, employed to the Metro Mart Retail Corporation.
On the date in question, my client, who was 72 years old, was driving her 1978 Mazda 322 Motor Car in transmit to her home from Metro Mart. Resulting from traffic congestion associated with the Christmas holidays, my client was forced to come to an abrupt stop in reaction to driving conditions ahead of her, when the rear of her car was struck by Metro Mart truck.
On exit from her vehicle, to assess if there had been any damages done to her car, my client became aware of pain in her neck and shoulders. She was subsequently taken by police to the Bay’s Regional Hospital, where X-rays were ordered for her skull, neck and dorsal spine; which revealed that there were no abnormalities to the areas that were examined.
Upon her discharge from the Out-patient Department, she was fitted with a cervical collar, given analgesic medication and was advised to rest. As follow-up care, my client attended a series of six physiotherapy sessions the following January.
My client had advised me prior to entering in negotiations with Metro Mart Superstores Ltd; who was legally represented by Ms. Christina Gardner, that her preference was a sum in settlement of her claim against the claimant for costs she had incurred for medical treatment and follow-up care. By legal standards, it is established that the average sum awarded for injuries such as my client’s is between $250,000 and $500,000.
In my preparation of the negotiation process, I took an interest based approach to assertively advance the interests of my client. Interests as defined by Brett and Goldberg, p. 5 “are needs, desires, concerns, fears – the things one cares about or wants.” From this perspective, I was...