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$2 Million Traumatic Brain Injury Truck Accident

Confidential Traumatic Brain Injury/Truck Accident

Type of Case: Traumatic Brain Injury/Truck Accident

Name of Case:  Withheld Pursuant to Agreement

Result: $2,000,000 settlement

Date of Settlement: March 22, 2010

Facts:  Plaintiff, a twelve year old boy, was a passenger in his mother’s car which was hit by a fourteen wheeler at an intersection.   The plaintiff sustained a severe traumatic brain injury, visible on both CT scan and MRI and was in a coma for over  a month after the accident.  His mother was also killed in the crash.  He returned to school approximately eight months after the accident and received virtually no treatment or special services after that time.  Remarkably, without any significant accommodation by the school system he consistently achieved high grades and at the time of the settlement was receiving A’s and B’s in Honors College prep classes and it was anticipated he would attend college.

This case required proof that although the plaintiff did well in school and scored well on standardized tests, his traumatic brain injury had a significant impact on his social functioning and ability to make friends.  Had the case proceeded to trial, before and after witnesses would have testified who could describe the difference in the plaintiff due to the accident.  This would also have been supported by citation to relevant medical literature and the anticipated expert testimony of a neuropsychologist and a life care planner with extensive experience with the needs of brain injury survivors.

The case settled after an all day mediation session in which computer animation was also used to demonstrate that the accident was the fault of the truck.  The settlement also included claims for the mother’s wrongful death.

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