The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)
On August 3, 2009, plaintiff reported feeling numbness in his left leg. An examination found palpable tenderness in the right groin over the ramus and in the posterior right sacral region. On August 6, 2009, he was examined by another doctor and he reported continued morning headaches. X-rays of his right ribs taken on August 10, 2009 revealed a non-displaced fracture of the anterior segment of the eighth rib. By September 3, 2009, plaintiff’s headaches were becoming more severe, with confusion, altered mental status, blurred vision, lower extremity tremors, and numbness. A CT scan revealed a 2.5 cm hematoma on the left cerebral hemisphere and midline shift. He was admitted to a hospital, and burr holes were done for drainage. The following day, a CT scan found more hemorrhage and a craniotomy was performed. He was discharged on September 14, 2009. Plaintiff was subsequently diagnosed with disc bulges at L3-L4 and L4-L5, severe spinal stenosis at L4-L5, and L5-S1 facet hypertrophy. He underwent physical therapy from April 14, 2010 until May 25, 2010, and he underwent an epidural injection on January 14, 2011. He underwent a surgery at L4-L5. Plaintiff claimed that he had cognitive deficits and experiences memory loss, confusion, and right arm tremor. Plaintiff’s counsel argued that plaintiff’s relationship with his wife and his quality of life had been affected by his injuries. He suffers from depression and a personality change, with him being more aggressive and argumentative with a shorter temper. Plaintiff’s counsel argued that this was an effect of the closed-head injury. Defense counsel disputed the traumatic brain injury claims and the need for back surgery.
CLAIMED DAMAGES
According to Plaintiff: $214,261 past medical; $39,390 future medical; $1,500,000 past pain and suffering; $2,000,000 future pain and suffering.
SETTLEMENT DISCUSSIONS
According to Plaintiff: Demand: $2,195,000 (CCP § 998); Offer: $50,000 at time of trial.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
COMMENTS
According to Plaintiff: Defendants filed motions for new trial and remittitur, which were denied. The court awarded $51,531 in attorney fees sanctions against defendant XYZ for denial of request for admissions regarding liability since there was a videotape depicting the accident.
SUMMARY:
Verdict/Judgment: Plaintiff
Verdict/Judgment Amount: $3,753,651
The jury found that IHS and Murphy were negligent. $214,261 past medical; $39,390 future medical; $1,500,000 past pain and suffering; $2,000,000 future pain and suffering.
Trial Type: Jury
Trial Length: 4 weeks.
Deliberations: 6 hours.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.