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SETTLEMENTS AND VERDICTS IN ALL CASES DEPEND ON VARIOUS FACTORS AND CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CASE. THEREFORE, PAST RESULTS IN CASES ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH THE ALLEN LAW FIRM AND ITS LAWYERS MAY UNDERTAKE.
Traumatic Brain Injuries
This case arose from a tractor-trailer collision in July of 2020. The defendant was headed southbound on I-81 when he lost control of his 18-wheeler. He crossed a grassy median, then entered the northbound travel lanes, striking the plaintiff’s vehicle.
The plaintiff sustained significant physical injuries, including:
- Multiple nasal fractures
- A facial degloving injury
- A traumatic brain injury resulting in post-concussive headaches, bilateral tinnitus, and a visual disturbance of the left eye
The plaintiff’s brain injury medical experts described the head injury as mild to moderate, with permanent cognitive deficits and other brain injury-related complications. Those same experts were in agreement that the plaintiff, also a commercial driver, would be unable to return to commercial driving or any other form of competitive employment.
The defense experts contested the traumatic brain injury diagnosis. They argued that the plaintiff did not lose consciousness in the crash, and had a normal Glasgow Coma Score – therefore his injury did not meet the diagnostic criteria for brain injury. They also pointed to the plaintiff’s forensic neuropsychological testing results, which did not demonstrate any cognitive deficits attributable to the crash. The defense also opined that the plaintiff had fully recovered from his crash-related injuries and was completely capable of resuming employment as a commercial driver without limitation.
The plaintiff incurred approximately $200,000 in past medical expenses and projected future medical expenses of approximately $786,000.
The parties mediated the case earlier this month and reached a settlement in the amount of $3,250,000.