Attorney Obtains $120,000 Jury Award For Injured Mail Carrier
TweetMorristown, Tennessee (PRWEB) February 19, 2010 — A mail carrier represented by East Tennessee attorney Brack Terry of Terry, Terry & Stapleton has won a $120,000 jury verdict in Hamblen County Circuit Court for injuries — severe ringing in her ears — that she suffered after her vehicle was struck as she delivered mail.
The carrier, Frances DeLand of Talbott, was driving a 2003 Ford with a flashing light mounted on top when her vehicle was hit from behind by a 1992 Mazda driven by a Morristown resident. The accident occurred about 1:25 p.m. on Oct. 1, 2007.
This keeps with our philosophy that the amount of medical bills, sometimes used as a barometer to determine the total damages by an insurance company, often has very little relation to how bad a person is injured in many cases.
In September 2008, Terry filed suit (docket No. 08CV172) on behalf of DeLand against the other motorist, alleging careless and reckless driving that resulted in injuries to his client. The lawsuit sought compensation for serious and disabling injuries that impaired DeLand’s capacity for work, as well as pain and suffering, loss of income and medical bills, and her husband’s loss of consortium.
The injury which Ms. Deland suffered was tinnitus, which Terry described as a severe ringing in her ears.
The Morristown motorist was uninsured at the time of the accident. DeLand’s insurer, Allstate Insurance Co., was sued under the state’s uninsured / underinsured statute. In its response, Allstate said it had paid $5,000 to cover DeLand’s medical bills and asked that the payment be deducted from any amount awarded to DeLand.
On Jan. 27, a Hamblen County Circuit Court jury awarded DeLand $120,312. The jury verdict included $25,000 for permanent impairment or disfigurement and $50,000 for Deland’s loss of ability to enjoy life.
“My client got hurt doing her job, suffering permanent injuries, and she deserved compensation. Fortunately, the jury agreed,” Terry said.
Terry said he believed the verdict was the largest ever in Tennessee based solely on the injury of tinnitus.
“It’s important to note that my client had medical bills of only $8,000 and medical equipment expenses of about $12,000,” Terry said. “This keeps with our philosophy that the amount of medical bills, sometimes used as a barometer to determine the total damages by an insurance company, often has very little relation to how bad a person is injured in many cases.”
February 19th, 2010 14:26
I have the very same thing. It is no fun, but at least she will be compensated for it. Not me. Mine is because of years of exposure to loud noises at work. That’s life.
February 19th, 2010 20:40
I got hurt on the job, slip and fall accident while delivering mail on my route. One of the stupid supervisor gave me wrong forms to fill in and fought my case with OWCP. I hired attorney I won the case, means my case was accepted but no compensation was given the time I lost and all the pain and sufferings for 1 year. Still I had same problem with my lower back and neck and working as a light duty. So I missed one year pay. I think if you do fraud you are ok but in my case real person with real injuries gained nothing. Go luck to all post injured emloyees.
No fun living with pain.
February 20th, 2010 05:29
This award has nothing to do with the PO. It has to do
with the carrier suing her insurance company and Moh if
you won your case with OWCP to have your claim accepted,
you should have received payment from OWCP and as you
are on “light duty” light duty if for off the job injuries, “limited duty for those hurt on the job and with an
OWCP claim accepted.
March 8th, 2010 12:50
No one wants to consider the possibility of a tragedy, but as soon as people depend on us, our deaths become more than just a time of grief. They could also cause our families to be in bad financial shape. Life insurance can help, but finding the right insurance can be extremely difficult. There are lots of different possibilities to choose from, and the variety of options can be pretty intimidating.