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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Trial in Circuit Court of Berkeley County, West Virginia results in verdict of $123,000 for young woman rear-ended in collision

Daisy Herrera, a thirty year old woman, was leaving her employment at Quad Graphics in Berkeley County, West Virginia when her vehicle was rear ended while she was waiting at a light.  She was transported by ambulance to City Hospital in Martinsburg where she was treated and released.  She eventually developed chronic neck and lower back pain for which she received physical therapy, chiropractic treatment and pain management.  Her did suffer from preexisting neck pain as well as a subsequent work injury to her lower back approximately seven months after the car collision and a second rear end collsion approximately a year and a half after the original collision.  State Farm, the insurer for the at fault driver, refused to pay more than $34,000 to settle the claim prior to trial.  At trial, the defendant took the position that all the plaintiff's complaints following the work injury were the result of the work injury and not the collision.  After a four day trial in October 2011, the jury returned a verdict of $123,000.  With prejudgment interest, Ms. Herrera should receive approximately $130,000.  Ms. Herrera was represented by Harry Waddell of Waddell Law Offices of Martinsburg, West Virginia. The at fault driver was represented by Paul Weiss of Martin & Seibert.

Awarded: $123,000

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