Our client, a hard working forty-four year old construction worker, sustained a closed head brain injury when his vehicle was struck head-on in a motor vehicle collision. Due to his injuries, he was un...able to return to work in the construction industry. The MRI performed on him at the hospital did not show any findings of brain injury. However, we were able to establish his significant brain injury through expert testimony and state of the art diagnostic medical testing. The case settled for $3,000,000.00 prior to trial. We assisted the client in structuring his settlement so he would receive an income stream monthly for the rest of his life and would not have to worry how he was going to support himself and his family.
$3,000,000.00
Car accident
Failure To Yield To Traffic Signal/T- Bone Collision
Sep 30, 2015
OUTCOME: $1,273,122.32
On Oct. 19, 2011, at 9:08 a.m., plaintiff was operating a motor vehicle at the intersection of Mary Esther Cut Off and Anchors St., in Fort Walton Beach, FL, when defendant, the 87-year-old employee an...d driver for defendant Avis Rent A Car System, LLC, ran a red light in a sport utility vehicle and t-boned plaintiff on the driver’s side of her vehicle. Plaintiff sustained a head injury with a brain bleed that resolved on its own. Plaintiff’s left clavicle was broken from the impact which required surgery and involved the placement of internal hardware (plate and screws). Plaintiff complained of left shoulder pain in the hospital and an MRI was ordered. The on-call radiologist, read the MRI as having a small full thickness tear of the supraspinatus tendon (rotator cuff). The on-call orthopedic surgeon, reviewed the films and disagreed stating he did not see a tear, but thought it was just a shoulder bruise. Plaintiff presented to doctor upon discharge from the hospital and was diagnosed with a torn rotator cuff in her left shoulder which required rotator cuff repair surgery. The rotator cuff surgery failed after a few months and plaintiff underwent two more rotator cuff surgeries which also ultimately failed. As a result of the injury and failed surgeries, plaintiff lost 75% use of her left arm. Doctor testified that failure is one of the risks of rotator cuff repair surgery and there are many factors that can cause the surgery to fail. Orthopedic surgeon, testified for the defense and his opinion was that there was no tear of the supraspinatus tendon and that plaintiff would have been better off without having the rotator cuff surgeries.
NATURE OF INJURY: Personal injuries including head injury/brain bleed; broken left clavicle requiring surgery and placement of internal hardware; rotator cuff tear requiring three surgeries (ultimately failed); pain and suffering; lost wages; loss of earning capacity.
VERDICT: $1,273,122.32 for Plaintiff on Sept. 30, 2015 ($378,022.32 - past medical expenses; $125,000 - future medical expenses; $38,000 - past lost earnings; $232,100 - loss of earning capacity; $150,000 - past pain and suffering $350,000 - future pain and suffering).
$1,273,122.32
