Reported in the Lawyers Weekly
Car Accident causes Closed Head Injury to Motorist
In December of 2004, the plaintiff was operating her vehicle while the defendant, traveling in the opposite direction, lost control and caused a head on collision. Due to the extent of the head injuries, the plaintiff did not have any recollection of the event. It was not until six weeks later that she began to remember the details of the collision.
The defendant in the case claimed that the plaintiff was at fault because she crossed the center line and into his lane of travel. The plaintiff was successful in finding a witness who confirmed that the defendant, who was towing a trailer, lost control around a bend and in turn caused the accident.
The counsel for the defense argued that the weather conditions played a major part in the accident. They were prepared to present evidence that showed that local weather services indicated snowy, almost white out, conditions. Additionally, they also claimed that black ice was forming on the roadways at the time of the accident.
Due to the force of the collision, the plaintiff’s vehicle was pushed backward several hundred feed from the point of impact. In order to remove the plaintiff from her vehicle, the “jaws of life” were used.
Immediately following the accident, the plaintiff was transported by ambulance to the UMass Medical Center. She was admitted to the intensive care unit, and stayed there until she was transferred to a rehabilitation facility.
The plaintiff was diagnosed with several serious injuries including: a broken humerus, a closed head injury accompanied with hemorrhaging, and multiple abrasions.
Despite receiving proper medical care, the plaintiff continued to suffer from dizziness, deterioration of cognitive skills, and bouts of fatigue. Additionally, it was determined that the loss of taste and smell, along with difficulties balancing, were permanent.
At the time of the accident, the plaintiff was an executive earning $140,000/year. She attempted to return to her former job after recovering, but was unable to continue. Since then, the plaintiff has been unemployed.
The counsel for the plaintiff secured expert testimonies claiming that if unable to return to work that she would lose millions of dollars in wages. The defense acknowledged the injuries that were sustained, but also argued that the plaintiff made a remarkable recovery.
The matter was resolved prior to trial with a $3 milloin settlement being reached.
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