Given the nature and extent of the damage to the victim of a closed head injury these motor vehicle accident cases can often be complex, requiring an understanding of the medical aspects of closed head injuries, the ability to communicate and work well with the victim of the injury and his or her family, as well as the skill to ensure that the victim is treated with respect by the defense, that the victim's rights are fully protected, and that all sources of potential recovery are fully pursued.
Consider the following three cases:
Case 1:
In this case the driver of a passenger van smashed into the rear of a car that was at a complete stop with the turn signal activated waiting to take a left turn. The force of the impact sent the car into a nearby ditch. Police and emergency respondents transported the driver of the car to a nearby hospital.
The 50 year old female victim was confused and disoriented. These are signs of a potential closed head injury. She also complained of severe pain in her neck, back, wrist and knee. It turned out that she suffered multiple cervical disc herniations with impingement upon the thecal sac and the proximate spinal cord, with radiculopathy, and with carpal tunnel at the wrist. She also required multiple surgeries, including a total knee replacement for injuries to her knee and subsequent wound infections. The accident left her with a profound depression and memory problems. She incurred approximately $230,000 in medical expenses. The law firm that handled this matter reported that they were able to negotiate a settlement in the amount of $1.35 Million on behalf of the victim.
Case 2:
In this case, the accident involved was a high speed head-on collision. The victim was a 62 year old stay-at-home father. Following the accident the victim was hospitalized for six days, diagnosed with a concussion, and discharged. Yet within a week of his discharge from the hospital he developed significant headaches. He returned to the hospital where it was discovered that he had a brain hemorrhage as a result of the accident. He underwent emergency surgery which consisted of drilling holes into his skull to stop the bleeding and release the pressure inside the skull.
The victim found that he had problems with language and speech following the surgery. The brain injury had resulted in cognitive deficits revealed through neuropsychological examination. The law firm that handled this matter reported that the matter went to arbitration with a finding of fault against the other driver and an award in the amount of $477,989.09 to the victim.
Case 3:
In this case a driver went right through an intersection that had both a stop sign and flashing lights. As he did so his van collided with a car driven by a 31 year old woman. For five months following the accident, she was in a coma. As a result of the accident she suffered a head injury that caused her to have problems with concentration and short-term memory. She also experiences motor problems. She requires living assistance as the accident left her permanently disabled. She was unable to return to work where she had been earning $30,000 a year.
The law firm that handled this case brought claims against both the driver and the driver's employer (as the driver was acting within the scope of his employment when the accident occurred). The firm reported that the case settled for $7 million present value. The settlement included a $3 million immediate cash payment.
As the cases above illustrate head injuries from motor vehicle accidents can leave the victim with severe even devastating long-term effects. Aside from any physical injuries from the accident the victim can experience memory problems and debilitating depression (Case 1), cognitive deficits that can include language and speech problems (Case 2), and concentration, short-term memory loss and motor control deficits (Case 3). A head injury can forever change a person's life.
Imagine going through the rest of your life not being able to build new short term memories. Imagine not being able to recognize your spouse, your children, your parents. Imagine your personality changing so much that your own family is not able to relate to you. Imagine become severely depressed or violent toward those you've always loved. Imagine losing the ability to remember words, to name objects, or to carry on extended conversations. Imagine not being able to plan for the future. Imagine not being able to do your job. Imagine losing full control of your body. For most of us this is unimaginable. For victims of closed head injuries from motor vehicle accidents one or more of these become a reality.
In cases like this the family of the victim should seek out the assistance of a highly skilled motor vehicle accident attorney experienced in handling cases involving head injuries. The attorney will be able to help the victim and the family in obtaining comprehensive neuropsychological testing so as to fully understand the nature and extent of the injury. Further, if it is necessary to litigate the claim the attorney will see to it that the matter is handled professionally and that the victim and his or her family are treated with dignity and respect by the defense.
Finally, these cases can involve complex medical, liability, insurance, and even asset protection issues. Finally, the attorney will use his or her skill and experience to navigate through these complex issues and to explore all possible sources of recovery, thus ensuring that the maximum amount can and will be recovered to protect the future for the victim and his or her family. As the cases above show, the amount of recovery can be substantial in these cases.
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