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DISCLAIMER - THE INFORMATION PROVIDED AT
THIS SITE IS FOR GENERAL INFORMATION PURPOSES
AND TO ILLUSTRATE, IN AN ANONYMOUS WAY, THE
TYPES OF CASES HANDLED BY MUNDY, ROGERS &
ASSOCIATES. THE INFORMATION IS NOT A SUBSTITUTE
FOR SPECIFIC LEGAL ADVICE, AND PERSONS VISITING
THIS SITE ARE STRONGLY ENCOURAGED TO CONSULT
WITH AN ATTORNEY OF THEIR OWN CHOOSING REGARDING
ANY ISSUES RAISED BY THE ITEMS HEREAFTER POSTED.
WITH RESPECT TO THE REPORTED ACTUAL CASE SUMMARIES,
VISITORS TO THIS SITE MUST UNDERSTAND THE FOLLOWING:
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THE RESULTS ACHIEVED IN THE REPORTED CASE MAY OR
MAY NOT BE ACHIEVABLE IN OTHER CASES WITH
SIMILAR CIRCUMSTANCES. EACH CASE NECESSARILY
DIFFERS ON ITS FACTS, AND OFTEN ON THE LAW TO BE
APPLIED.
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THE REPORTED CASES SHOULD NOT BE CONSTRUED TO
INDICATE THAT EVERY CASE HANDLED BY MUNDY,
ROGERS & ASSOCIATES NECESSARILY WILL PRODUCE A
SIMILAR RESULT FOR EVERY CLIENT.
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REPORTED CASES SHOULD NOT BE RELIED UPON BY
VISITORS TO THIS SITE WHEN SELECTING A LAWYER.
ONCE AGAIN, THE CASES REPORTED ARE MEANT TO BE
ILLUSTRATIVE OF THE TYPES OF CASES HANDLED BY
THE FIRM, AND NOT INDICATIVE OF RESULTS TO BE
EXPECTED IN OTHER CASES.
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THE REPORTED SUMMARIES SHOULD NOT BE TAKEN BY
THE VISITOR TO THIS SITE AS ANY KIND OF
GUARANTEE OF A PARTICULAR RESULT, OR OF A
GUARANTEED EXPECTATION FOR A CERTAIN RESULT IN A
PARTICULAR TYPE OF CASE. BECAUSE OF THE
UNCERTAINTY OF LITIGATION, NO LAWYER CAN
ACCURATELY PREDICT RESULTS FOR A CLIENT, SO THE
REPORTED SUMMARIES SHOULD NOT BE TAKEN AS SUCH.
Wrongful Death Settlement Achieved
On November 21, 2003, the son of a firm client was
killed in a tragic automobile accident. The young
man died instantly when he was hit head-on by
another driver who was under the influence of
alcohol and other intoxicants. The young man was
survived by his father, his mother, his brother, and
a nine-month-old daughter. Under Virginia’s wrongful
death statute, his infant daughter was the sole
beneficiary of the young man’s wrongful death claim.
In June, 2004, the insurance companies agreed to pay
all available policy limits to settle the case. The
proceeds were invested in a structured settlement
for the infant child that will pay her $30,000 a
year during each of the four years she would
anticipate being a college student. In addition, she
will receive a monthly payment of at least $2,200
for the next twenty years of her life. The child’s
guaranteed payment under the structured settlement
plan approximates $700,000, making the total
settlement approximately $750,000. The child will
receive her future benefits without income tax
consequences. This case illustrates how important it
is for clients to consider structured settlements
for infant beneficiaries.
Father Prevails in Dispute Over Child’s Education
In an unusual case, a firm client recently prevailed
in a disagreement about where his son would attend
fourth grade. The divorced parents have joint legal
custody of the child. Although the child lives
primarily with the mother, he spends a great deal of
time in his father’s care.
The child has attended public school, and by all
accounts was excelling academically and socially.
The mother proposed an alternative of a faith-based
education, which she believed was a better choice
for her son. The father believed his son should stay
in public school. After a lengthy hearing on the
question, the court found that the child should
continue his elementary school education in the
public school system.
Client Earns Settlement in Personal Injury Case
The client, a
fifty-seven year old gentleman, was injured in an
automobile accident in Franklin County. He suffered
neck, upper back, shoulder and arm pain due to a
massive rotator cuff tear. He had surgery to repair
the injury but it was unsuccessful. He experiences a
13% permanent impairment in his shoulder function as
a result of this accident.
At the time of the
accident the client was self-employed as a barber.
Although he tried, he was unable to return to his
pre-accident business because of the extent of his
shoulder injury. The case was settled on a partially
structured basis, in which the client will be paid a
monthly amount for the rest of his life, twenty
years guaranteed. The total amount of the settlement
is confidential, as a condition of the settlement
itself.
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