Car Accident – Closed Head Injury $420,000.00Joel H. Schwartz, P.C.

Out-of-State Personal Injury Lawyer Case

Car Accident – Closed Head Injury – $420,000.00

Reported in the Lawyers Weekly

In December 2002, a 42 year old male was traveling in his vehicle on Route 90 in Northern Ohio. During this route, a tractor trailer which was traveling in the opposite direction lost control, crossed the median and began to travel in the plaintiff’s lane of traffic.

At this time the tractor trailer, owned by the defendant’s company, tipped over and struck the plaintiff’s vehicle head on which set off a long series of events.

Shortly after the accident occurred, the Ohio State policed showed up at the scene and cited the defendant for the inability to control the vehicle that he was driving. During negotiations, the defense counsel never disputed that their driver was not liable for damages.

At the scene, the plaintiff was found unconscious which prompted emergency personnel to sedate him, as well as insert an endotracheal tube and an intercostal catheter. In addition, several parts of the plaintiff’s body required immediate sutures in order to stop heavy bleeding.

Unfortunately, during the accident the plaintiff sustained injuries to the head, right shoulder, and chest area. The initial diagnosis that took place shortly after the accident showed multiple injuries which included the following: a collapsed right lung, closed head injury, fractured ribs, scalp lacerations, right pneumothorac and right upper trunk brachial plexopathy.

At the time of the accident the plaintiff was employed as an engineering technologist. Due to the nature of this work, for the next 14 weeks he was unable to fulfill his duties. After this initial 14 weeks, he was only able to work part-time hours due to partial disability. During this time frame, the plaintiffs total lost wages incurred were $21,350.

Since the plaintiff made every attempt to get back to work without further action, the statute of limitations quickly approached. At this point, the plaintiff’s counsel contacted the defendants in order to start the litigation process. During the initial talks, disputes were over damages, and more specifically that the damages were permanent enough to cause major stress to the plaintiff.

During litigation, the plaintiff’s counsel continued to argue that the damages their client sustained were long term, and that he was still suffering from problems such as pneumothorax, as well as lingering closed head symptomatology. They also stressed that these health issues may be permanent, and that they could cause mildly impaired verbal communication as well as mental flexibility — a major blow to the career of the plaintiff. The case settled for $420,000.00 in May 2005.

When everything was said and done, the results of this case were mediated in a one day session between the plaintiff’s and defendant’s counsels.

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