A $1,822,996.00 settlement was reached for a client who suffered a traumatic brain injury while riding as a passenger with a drunk driver. This was a single car crash, where the car struck a mailbox and then a tree in Cass County, Missouri. It was a very severe impact, totaling the Defendants car. The police were called to the scene and created both a police and alcohol influence report. Pictures of the car helped prove the severity of the impact. Horn Laws client was transported, from the scene, by ambulance, to the nearest trauma hospital. She was then referred and transferred to an out-of- state hospital that specializes in treating traumatic brain injuries.
Doug Horn, a Kansas City area personal injury attorney, who has taught continuing legal education courses to fellow attorneys on litigating brain injury cases explains: Traumatic brain injuries (TBIs) often can be difficult to prove. Traumatic brain injuries by their very nature often result in vague symptoms such as (1) confusion, (2) problems concentrating, (3) weakness, (4) memory loss, (5) fatigue, (6) headaches, (7) ringing or buzzing in the ears, (8) slurred speech, (9) impaired coordination or balance, (10) blurred or double vision, (11) difficulty swallowing, (12) nausea, (13) neck or back pain, (14) sensitivity to light, (15) sensitivity to noise, (16) reduced smell, (17) mood swings, (18) irritability, (19) depression, (20) poor impulse control, (21) difficulty multi-tasking, (22) disorganization, (23) decreased comprehension, (24) anxiety and (25) personally changes. Such damages can be difficult to quantify for an insurance adjuster, defense counsel or a jury without the help of qualified experts explains Doug Horn. AA neurologist can perform objective testing to prove the existence of a traumatic brain injury. A vocational rehabilitation specialist can review employment history, perform testing and analyze the effect of the injury on a clients present and future employment opportunities. A life care planner can prepare a detail report, including costs, presenting reasonably anticipated future treatment, assistive devices, and modifications over the course of a patients lifetime. Lastly, an economist ties it all together. The economic report details past/present/future economic damages such as wage loss, loss of earning capacity, medical expenses and loss of household services using a clients anticipated life expectancy.
Laurie Del Percio, Doug Horns partner and Lead Litigation Attorney at Horn Law, explains: Expert reports are an essential tool in documenting our client=s traumatic injuries and presenting our clients case in the best possible way to the ultimate decision maker in the case whether it is a claims adjuster, judge or jury, if trial is necessary. A settlement or judgment that accounts for all past, present and future damages, unfortunately, can not undo the aftermath of a car collision but it can help take care of the expensive economic realities of living with a traumatic brain injury long term. At Horn Law, we hope successful settlements and judgments will bring peace of mind to our clients and make their lives a bit easier after difficult circumstances arise.
