Personal Injury Litigation in Northern Virginia

Cases handled by Attorney Thomas J. Curcio

We will periodically highlight verdicts, cases, settlements, or noteworthy results of cases handled by Tom Curcio.  While past results do not guarantee future favorable outcomes, Tom takes a personal approach to each one of his clients' cases and strives for the best possible result.

Wrongful death; collision with police car

Our client's 33-year-old daughter, driving through an intersection on a green light, was broadsided by a young Fairfax County police officer who ran a red light at a high speed.  Tragically, the daughter was killed.  The officer, responding to a fight call, which she claimed was an emergency, had her emergency lights on but her siren was not activated.  A trial was held on the officer’s plea of sovereign immunity, at which we prevailed proving that the officer was not responding to an emergency.  To further prepare for trial, we conducted a jury focus group to obtain feedback on other issues of concern, as well as to gauge jury value.  Our client's daughter was single and did not have children. In addition to her mother and father, she was survived by her older sister.  The case was settled two weeks before trial for $1.5 million, which was paid by Fairfax County after the County Board of Supervisors approved the settlement.  See client testimonial.

return to top

Wrongful death; tractor-trailer/automobile collision

A 53-foot-long tractor-trailer truck traveling westbound completely crossed both eastbound lanes where it struck a vehicle traveling eastbound, killing our client, who was a passenger, and seriously injuring the driver.  To prove that the truck driver was negligent, Tom Curcio and his co-counsel attended the trial of the traffic charge against the truck driver, and interviewed eyewitnesses to the collision and the investigating state trooper.  They also retained the services of an accident reconstruction expert who inspected and photographed the tractor-trailer and scene.  We argued that the facts of the collision showed no attempt by the driver to control the vehicle.  The testimony of the driver and two eyewitnesses at the traffic hearing showed that the path of the truck was consistent with the driver having fallen asleep. We argued that the nature and extent of the loss of control exhibited willful and wanton conduct, subjecting the driver to punitive damages as well as simple negligence.  Our client was the mother of five children.  Tom or his co-counsel spoke with each of the children to best understand the relationship each had with their mother and to better comprehend and explain the unique loss each suffered.  In an effort to resolve the case quickly and to avoid the costs and delay of a trial, a mediation was held, at which the insurance company for the driver of the tractor-trailer agreed to pay a confidential sum to settle the case. See client testimonial.

return to top

Brain injury; tractor-trailer/automobile collision

Our clients, a mother, father, and their minor daughter, were slowing for traffic ahead on the interstate when their van was rear-ended by a speeding tractor-trailer.  The van was propelled into the passenger car in front of it, and rolled over several times on the grassy median.  All three were seriously injured.  The mother suffered a broken neck, the father a broken back, and their daughter a traumatic brain injury and several broken bones.  Six individuals in the passenger car were also injured.

In order to fully understand and present the daughter’s brain injury and its potentially lifelong consequences, we worked closely with the daughter’s parents, her treating doctors, neuropsychologists, and counselors.  We also monitored her progress in school.  In order to maximize our clients' recovery where many people were injured and the insurance covering the tractor-trailer was likely not sufficient to fully compensate all of them, we made a claim against our clients’ automobile insurance for underinsurance coverage.  We also researched whether the shipper and broker who arranged for the transportation of the load being carried by the tractor-trailer had insurance coverage that was available to our clients.  Finally, we investigated whether the trucking company had assets available to pay an excess judgment.  We were ultimately successful in settling the case through mediation for confidential amounts, which include structured settlements that make guaranteed payments well into the future.

return to top

Personal injury; automobile/moped collision

Our 16-year-old client was a passenger on a moped being driven by a 15-year-old classmate.  The classmate ran a red light and broadsided a passenger car proceeding through the intersection on a green light.  Tragically, the classmate was killed, and our client suffered serious orthopedic injuries, including a fractured skull, a broken leg, and the loss of a significant amount of his calf muscle.  Before his injury, he played high school tennis at a competitive level.  The moped was not registered and it was not insured, and its young driver did not have a license.  The driver’s parents’ home and automobile liability policies did not provide coverage to the moped and the driver was uninsured.  The only source of compensation was our client's parents’ automobile liability policy, which provided coverage through the uninsured motorist provisions.  We were able to obtain a settlement from the parents’ automobile liability insurer for the sum of $237,500, which included the purchase of an annuity which makes periodic payments to the client to fund his college education and other anticipated milestone expenses.  See client testimonial.

return to top

Taxicab accident

Our client, a woman in her mid-40s, was the rear seat passenger of a taxicab struck by a car that went out of control after that car was struck by another vehicle.  She suffered a broken wrist and underwent surgery, which included the placement of metal hardware into her wrist.  She required extensive physical and occupational therapy, and lost a significant amount of wages because of her injuries.  Unfortunately, several other individuals were hurt in the accident and it was possible that there was not enough insurance to fully compensate all who were hurt.  To best position our client, we communicated early and often with the claims adjuster for the negligent driver and provided information, including medical records, medical bills, lost wage information, and photographs, intended to prove the seriousness of our client’s injuries. We also made a claim and communicated with the insurance company for the taxicab to take advantage of underinsurance coverage, if needed.  We also filed a lawsuit promptly in order to position our client with priority in the payment of a verdict should the case go to trial.  As a result, we were able to settle the case for $100,000, the maximum available to any one claimant under the available insurance policies.  To increase the client’s income while in retirement, the settlement included monthly payments, which increase every five years, guaranteed for life.

return to top

Automobile collision; passenger soft tissue injury

Our client, a 62-year-old real estate agent, was a front seat passenger in a stopped car that was rear-ended in a four-car pileup.  She suffered injuries to the muscles and ligaments of her neck and upper back.  Her pain persisted for more than three years despite extensive medical treatment, and interfered with her ability to perform all of her job duties, causing a significant loss of income.  The insurance company and its lawyer challenged our client's extensive medical care, which included more than 150 massage therapy treatments and many physical therapy treatments.  They also challenged the reason for her loss of earnings, attributing it to a downturn in the real estate market rather than her not being able to perform her job.  Our attempt to settle the case reached a stalemate with us demanding $70,000 and the insurance company offering a maximum of $40,000.  The case went to trial and the jury returned a verdict in favor of our client in the amount of $95,000.  See client testimonial.

return to top

Alexandria, Virginia experienced personal injury attorney

The breadth of Attorney Tom Curcio's experience has earned him the trust and confidence of his clients, and the respect of his peers.  Contact him to schedule your free initial consultation to discuss your serious personal injury or wrongful death claim.

return to top

 

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]

See our profile at Lawyers.com or Martindale.com.