Case Results

How We Helped

When our client first called, she reported she had hired a lawyer already, that they had reviewed her medical records, and that they said she didn’t have a case. They told her she’d have to find a new lawyer. This admittedly happens from time to time, but this lawyer had sat her her file for years and the office dropped this bomb on our client’s lap just weeks before her statute of limitations ran. (Moral of the story – always hire an experienced medical malpractice attorney!) We jumped into gear, gathering her records and engaging an obstetrician to review the case. His opinion was that this was a clear case of medical negligence. The primary care doctor should have either referred the patient to someone who knew what they were doing, or they should have recognized our client was having an obstetric emergency and rushed her to get an ultrasound. Our client’s tragedy was entirely preventable. The doctor was employed by the United States, so we immediately initiated proceedings under the Federal Tort Claims Act.

Justice At Last

When this dispute was filed in Federal Court, the United States put up a fight. The lawyers issued subpoenas to every doctor our client had ever seen. Finally, it came time for what we call Expert Disclosures. We disclosed to the United States a report prepared by our obstetrician that detailed all the ways our client had been failed. The US had 30 days to respond with their own expert’s report. We expected that they would find someone who was willing to twist the facts in some sort of way to blame our client. Shockingly, the US couldn’t find ANY doctor to defend what the doctor had done to our client. The US quickly agreed to mediate the case and offered a seven figure settlement. This is life-changing money for my client. She can now afford to pay for a surrogate or to pursue adoption. More importantly to our client, the doctor very graciously admitted the mistakes and provided my client with evidence that will make sure this mistake is never repeated in the facility where my client was treated.

Our client was rear-ended by a man on a Zoom call. 

Yes, a Zoom call.

Both cars pulled over.

When our client got out of the car to check on the driver who hit her, he told her to wait while he finished his call!

Our “friends” at State Farm were unwilling to make our client a fair offer for her whiplash and concussion.  We took the case to trial and recovered more than $23,000 for our client.

Even “small” cases matter here at Kitchel Law. This case wasn’t small to our client, and it wasn’t small to us. We are never afraid to take a case to trial. 

This isn’t our biggest verdict. But we’re proud of what it shows – we will go to trial and play hardball when insurance companies won’t make a fair offer.

Our Client Learns the Severity of His Injuries

Our client was taken to a nearby hospital for medical treatment. He suffered multiple injuries, including an AirPod impaled in his ear, a partially severed ear, broken bones in his arm and leg, and numerous abrasions. However, the doctors found no evidence of a brain bleed.

Initially, our client believed he was recovering as expected. His ear was stitched back on, his broken bones healed, and he was able to complete most of his daily activities. The only sign of the trouble to come was that he continued to struggle with severe headaches.

Our client brushed off the daily headaches as an annoyance until he needed to take an employment physical to prepare for an upcoming transfer abroad. He failed the physical because there was no way to determine exactly how long he had been unconscious and the evidence suggested he had suffered a moderate to severe brain injury. Failing the physical meant he’d no longer be able to fly due to safety concerns—meaning that his career as a pilot would come to an end.

Pedestrian Accident Lawyer Allyson Kitchel Builds a Case for Compensation

Initially, our client was concerned about paying his medical bills and ensuring he’d be treated fairly as an injured pedestrian. Once he lost the credentials necessary to continue his military career, his case became more complex.

We needed to underscore the devastating loss our client suffered by no longer being able to work in the profession that was his childhood dream. He’d loved his job for over 20 years and couldn’t imagine doing anything else. You can’t truly put a price tag on a personal passion and the joy that comes with serving your country, but our vocational experts assessed his career trajectory and estimated a staggering loss of nearly $5,000,000 in future earnings.

Establishing the loss our client had suffered was only part of the battle, however. Here’s how Washington DC pedestrian accident lawyer Allyson Kitchel and the team at Kitchel Law, PLLC, built a winning case:

• We consulted a brain injury specialist who used advanced neuroimaging to provide objective proof of a progressing brain injury—contradicting the initial hospital reports.
• The initial police report inaccurately blamed our client for crossing against the light. His wife contested this, asserting there was no light at the intersection where the accident occurred. A Freedom of Information Act (FOIA) request for the 911 audio and diligent social media investigation supported her claim and connected us with the helpful bystander. This helped to clearly establish fault for the accident.
• The driver had $500,000 in insurance coverage. Even though this was significantly above average, we knew it wouldn’t be enough to fully cover our client’s losses. Additional research revealed that the owner of the car, who was the parent of the driver, had a $1,000,000 umbrella policy.

Our Client Gets the Compensation He Needs to Move Forward

Ultimately, our client opted to avoid the personal inconvenience and risk of a trial by accepting a $1,500,000 settlement offer—a sum that would cover his medical expenses and help support his family as he transitioned to a new phase of life. Despite being forced to leave his career as a pilot due to the severity of his injuries, he remains hopeful that he will be able to utilize his skills and explore new opportunities in the private sector.

Have You Recently Been Injured in a Pedestrian Accident?

Kitchel Law, PLLC provides compassionate legal representation to injured pedestrians and their families throughout the Metro DC area. If you or someone you love was struck by a car while walking in Arlington, Alexandria, Fairfax, or the surrounding areas, contact us today to schedule a consultation.

Our Clients Struggle to Cope

Mr. Green was a father of six children. He had recently started a new job at So Others Might Eat, in Washington, DC. When he died, his oldest child was 15 and his youngest was two. Mr. Green’s death meant his family lost his income, which was a staggering hit to his wife. Beyond income, Mr. Green was also the primary parent. As every parent knows, running a household is hard, even with a partner. With his death, Mr. Green’s family lost the cook, the homework helper, the bath-time-organizer, the housekeeper.
Worst of all, the children lost the magic mix of qualities that belong only to Mr. Green. He was the family cheerleader, video maker, student-council-campaign-consultant, and goof ball. He loved spending time with his kids, and spending time with his kids taught them how important they are. There can be no better gift to a child.

Wrongful Death Attorney Allyson Kitchel Builds a Case for Compensation

Mr. Green died in 2018 – the fight against the District of Columbia lasted 6 years. The first task was to build a case for liability, that is, proving that the DC government was responsible for the crash. DC didn’t make it easy. Its truck was going at least 24 miles per hour over the speed limit just before it ran the red light, but DC wouldn’t admit it was responsible. Its firetrucks have dash cams, but the fire truck involved didn’t have its camera on that day. Accident reconstructions got involved.  Evidence at trial proved that if the firetruck had been going only 10 miles an hour over the speed limit, which is actually the department policy, the crash would not have happened.
The other part of the story was quantifying the harms and losses to the family. Mr. Green’s lost wages to his family were calculated by an economist. The economist also calculated the value of the “household services” to his family – this included everything he did that could be done by someone hired. For example, what would it cost to hire someone to cook and clean? This was a number the economist calculated and that evidence was presented at trial.
DC law in wrongful death cases is unique. Grief is inadmissible, so witnesses are not allowed to testify about how hard it was when someone died or how much someone is missed. There is an interesting aspect to damages though for the wrongful death of a parent. Children can be compensated for loss care, education, and guidance from their parent. At trial, we introduced detailed evidence not of how much Mr. Green was loved, but of how much he did – how he showed he cared with his time, how he taught the kids to cook, and how he guided them with his life lessons.
Establishing the loss our client had suffered was only part of the battle, however. Here’s how Washington DC/Arlington Virginia wrongful death lawyer Allyson Kitchel, her co-counsel, Bill Lightfoot, and the team at Kitchel Law, PLLC, built a winning case:

• We consulted accident reconstruction and fire truck specialists who proved how the crash happened and explained to the jury how the crash could have been avoided.
• We relentlessly investigated the crash, discovering different evidence the District failed to preserve and using that to help prove our client’s case.
• We met with friends and relatives of the family to learn all the details about Mr. Green so we could tell the story of his life.

Justice for the Family to Move Forward

The District of Columbia refused to offer the family compensation, so there was no choice but to go to trial. We went to trial twice. In June, 2023, Allyson and her trial partner tried the case before a DC jury, which concluded that the DC government was grossly negligent and responsible for Mr. Green’s death. Still, the District Office of the Attorney General refused to compensate the family. We went back to trial in February 2024. On February 22, 2024, the jury awarded a total verdict of over $13.57 million to the widow and the individual children to secure their futures. Not only will this provide financial security for the children, but it also provides a measure of peace to the family, as the value of Mr. Green’s life has been acknowledged by his community.

Have You Recently Lost a Loved One?

Kitchel Law, PLLC provides compassionate legal representation to families who have lost their loved ones as the result of negligent or reckless actions in the DC area. If someone you love was killed in DC, Arlington, Alexandria, Fairfax, or the surrounding areas, contact us today to schedule a consultation.

How We Uncovered the Truth

Representing this person and holding these wrongdoers accountable has been a great privilege. The lawsuit was filed in the US District Court for the District of Columbia. Tens of thousands of documents were discovered that showed the landlord KNEW about the safety hazards and was looking for a cheaper way to fix them. Subpoeanas were issued to government agencies who had supposedly investigated but did nothing. Experts evaluated this client and created a plan for restoring this person’s health and assuring their welfare.  Countless doctors  were identified as witnesses.  I spent at least 1,000 hours in the last two years working for this person.  (And the truth is, the work continues because the person’s health insurance company wants to be paid back for medical treatment. Even though we reached a settlement, the battle continues so this person can keep their money.)

When all of the evidence was disclosed, the insurance companies didn’t pay up. Instead, they filed law suits against each other to fight about who had to pay first.

Dignity Restored

This tragedy could have been prevented with $500 worth of safety repairs, and we were confident no Washington, DC jury would stand for how this person’s rights had been neglected. We hired a retired judge  to mediate a settlement and convince the insurance companies to fully compensate this person.  At the end of the day, we achieved justice for this very deserving person, who received full compensation for everything that happened. For their own protection, the financial compensation is highly confidential. But dignity has now been restored. My client now has all of the resources necessary to get heath care. Fresh food. Privacy. To live in a clean, dignified, comfortable home. And to have the resources to live a life they deserve.