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Terry A Mitchell

Examples Of Settlements Over $1.0 Million In Motor Vehicle Accident Claim Involving Brain Damage


By: J. Hernandez
Submitted: 2010-09-12 22:07:20 | Word Count: 809


One of the more significant types of injuries which can result from a motor vehicle accident is a closed head injury. A closed head injury can result in permanent personality changes, motor control deficits, short and long-term memory problems, and language problems. Given the nature and extent of the damage to the victim of a closed head injury these motor vehicle accident cases are frequently complexThe lawyer handling the case needs to have a comprehensive understanding of the medicine of closed head injuries. The lawyer additionally needs to be able to effectively and respectfully communicate with the plaintiff and the plaintiff's family. The lawyer also needs to be very familiar with insurance issues and how to track down all assets hat could be used for a settlement or award.

Consider the following claims:

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In this case the driver of a passenger van struck the back of a motor vehicle that was at a full stopwith the turn signal activated waiting to take a left turn. The impact threw the vehicle into a nearby ditch. Police and emergency respondents took the driver of the automobile to a hospital closeby. The fifty year old female victim was confused and disoriented both of which can mean a closed head injury. She also complained of intense pain in her neck, back, wrist and knee. She ended up with various significant injuries to her neck, spinal cord and wrist. She also required a number of surgeries, including a total knee replacement for injuries to her knee and subsequent wound infections. She began suffering from a deep depression and experiencing difficulties with her memory. She accrued roughly $230,000 in medical expenses. The law firm that handled this matter documented that they were able to negotiate a settlement for $1,350,000 on behalf of the plaintiff.

In the second case a driver went right through an intersection that had both a stop sign and flashing lights. As he entered the intersection his van slammed into a car driven by a 31 year old woman. She stayed in a coma for 5 months. 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 is now permanently disabled. As a result of her disability she needs living assistance. She could not return to work where she had been earning $30,000 a year. The law firm that handled this matter intiated claims against not only the driver but also the driver's employer (because the driver was acting within the scope of his employment when the accident occurred). The firm described that they were able to achieve a settlement for the victim with a net present value of $7,000,0000. The first $3,000,000 was to be paid out in cash.

As the examples above illustrate head injuries from motor vehicle accidents can cause the victim to suffer substantial and even devastating irreversible effects. Aside from any physical injuries from the accident the plaintiff can end up with memory problems and incapacitating depression (Case 1), and concentration, short-term memory loss and motor control deficits (Case 2). A person's entire future can change after a head injury.

Envision spending the rest of your life without the ability to create any new short term memories. Think about not being able to recognize your spouse, your children, your parents. Imagine your personality changing to such an extent that your own family is not able to relate to you. Imagine becoming seriously depressed or violent toward those you've always loved. Think about losing the ability to remember words, to name objects, or even to have an engaging discussion with someone. Envision not being able to plan for the future. Picture no longer being able to handle your work. Think about no longer being able to control your movements. For most people this is inconceivable. For victims of closed head injuries from automobile accidents one or more of these become a reality.

If someone in your family suffered a head injury in an automobile accident you should consult with a lawyer experienced in handling such claims right away. These cases frequently involve complex medical and psychological issues as well as difficult liability and insurance problems. In addition, the attorney will need to have enough experience to be able to determine the value of the claim. As the lawsuits above demonstrate, the amount of recovery can be substantial.

Author Resource:- Joseph Hernandez is an Attorney accepting automobile accident cases. To learn more about
vehicle accident mattersand about other cases including fatal car crash cases visit the websites


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