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.)
Plaintiff’s counsel also claimed that the airbag in question did not deploy, either due to a design or manufacturing defect caused by GM, or because it was disconnected during a previous repair at Rango’s dealership.
GM has since filed for Chapter 11 bankruptcy, and made Annie an unsecured creditor through bankruptcy court.
Rango’s motion to quash for lack of jurisdiction was granted and he was dismissed from the case.
The county denied the plaintiff’s allegations, and contended that Annie suffered a traumatic brain injury from the car accident, which caused her permanent injuries and cognitive effects. The county claimed that Annie’s treatment at SMC did not cause her serious injury, and that there was no negligence on the part of the staff.
Annie claimed that she sustained a traumatic brain injury due to the negligence of SMC’s staff, which caused her permanent cognitive residuals. She claimed she suffers from severe memory loss and that she often forgets what she is told and where she lives. She said she needs people to write things down so she can remember and that she requires special education with specific accommodations and extra time for work and examinations.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The plaintiff sought damages for past and future medical costs, past and future pain and suffering, and future loss of earning capacity.
The county argued that Annie was properly treated at SMC, and that all of her brain and bodily injuries were caused by the car accident, and not due to the hospital staff’s care.
SUMMARY:
RESULT: Settlement
Award Total: $1,175,000
The parties negotiated a settlement in which the plaintiffs received $1,175,000 from the county.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.