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.)
FACTS/CONTENTIONS
According to Plaintiff: On February 10, 2011, plaintiff Renee Camp was walking across H Avenue within the south pedestrian crosswalk at the intersection with P Street in Sacramento, California. While she was lawfully within the crosswalk she was struck by defendant Merrel Lance, who was driving a full-size Toyota pickup. As a result of the impact, plaintiff’s body was thrown approximately 20-50 feet into the air, landing on the pavement, suffering severe traumatic brain injuries, and leaving plaintiff incoherent and permanently blind. Plaintiff has undergone two brain surgeries and now requires around-the-clock attendant care, which she will need for the rest of her life.
Plaintiff, through her Guardian ad Litem, Danelle Vant, alleged that defendant negligently operated his vehicle such that he struck plaintiff while she was walking in a designated crosswalk.
Defendant accepted liability; however, defendant questioned plaintiff’s loss of future earnings, the level of necessary future medical care, as well as the level of daily around-the-clock care necessary.
CLAIMED INJURIES
According to Plaintiff: Plaintiff was taken from the incident scene by ambulance to Sacramento Hospital Medical Center for emergency treatment. Her condition rapidly deteriorated, and due to rising pressure in her brain as a result of the traumatic brain injury, she had two brain surgeries, which included a partial frontal lobectomy with bilateral craniectomy. After an extended stay at Rehabilitation Hospital, plaintiff was discharged to the care of her sisters on April 5, 2011, one of whom she now lives with. Plaintiff requires around-the-clock attendant care, including assistance with dressing, feeding, ambulating, all of her bathroom needs, and making sure she does not wander off.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
CLAIMED DAMAGES
According to Plaintiff: Not reported.
SETTLEMENT DISCUSSIONS
According to Plaintiff: Plaintiff demanded the full policy limits, including the umbrella policy, for a total of $2,250,000. Defendant initially offered his automobile policy limits of $250,000. Plaintiff’s Guardian ad Litem requested that plaintiff’s attorney do an asset search to determine if there were any other avenues of collectability available. As a result of that search, it was determined that defendant had an umbrella policy available in the amount of $2,000,000.
SUMMARY:
Verdict/Judgment: Settlement
Verdict/Judgment Amount: $2,250,000
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.