Police Cameras, Video Interview Help Cheshire Attorney Clinch Settlement After Car Crash
Cheshire attorney helped secure a $100,000 settlement for a Waterbury man who suffered injuries in a car wreck.
April 29, 2020 at 02:13 PM
4 minute read
Faced with a client who underwent surgery to his right leg after another motorist struck his vehicle head-on, plaintiffs counsel Peter Bowman was able to settle the case without having to even file a lawsuit thanks in large part to a video of the plaintiff discussing his injuries.
"We conducted video interviews of our client at the nursing home rehabilitation facility he was at, and provided those to the insurance company, which was very helpful in expediting the tendering of the entire $100,000 policy," said Bowman, a partner with Cheshire-based Billings, Barrett & Bowman.
The seven-minute video, in which plaintiff Brian Lovallo discussed his injuries and the impact the car accident had on him, "humanized" the litigant, his attorney said.
"It shows the defense counsel the human suffering our clients are dealing with," said Bowman. "Video is a very effective and underutilized tool in personal injury matters."
In addition to the video, Bowman said, the plaintiff's case was also bolstered by police body camera video of the responding police officer. "The body camera video showed the traumatic events involving the crash and the pain my client was suffering with the fracture of his leg."
The defense agreed to pay the $100,000 settlement before Bowman filed the suit. The money was disbursed last week, Bowman said. The settlement was paid via The Travelers Companies,
Lovallo, a 45-year-old Waterbury resident, was, according to Bowman and the police report, driving his 1998 Honda Prelude south on Wolcott Road in Wolcott on Jan. 23 when Jack Byrnes' 2007 Chevrolet Cobalt struck his vehicle head-on. Byrnes lost control of his vehicle and crossed the center line, Bowman said.
Byrnes, Bowman said, was not issued an infraction. Bowman said Connecticut police will often not cite infractions of minors in police reports. Byrnes was 16 at the time of the accident.
In addition to having surgery on his right leg, Bowman said Lovallo also had minor injuries to his head and neck. Immediately following the accident, the police body camera video showed his client "screaming in pain," Bowman said.
Today, Bowman said, his client "has made a good recovery. He has been discharged from the hospital and rehabilitation facility and is resting at home."
Lovallo, who is a disc jockey and an employee of a local cable company, had about $25,000 in medical expenses, Bowman said.
Lovallo, Bowman said, has not been able to return to either job. Lovallo hopes to go back to work sometime soon, his attorney said.
Representing the insurance carrier was Woodbury solo practitioner Tom Kaelin, who declined to comment for this article.
Bowman said he is believes the settlement is fair.
"We felt the case had value and it was the right thing for Travelers to tender the policy," Bowman said.
Related stories:
Caught on Tape: What This Stamford Lawyer Heard on an Insurer's Audio Clinched a $1.2M Settlement
Expert Testimony Leads to $100,000 Settlement in West Haven Fender Bender
Danbury Attorney's Secret Weapon: Martial Arts Video That Led to Settlement
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