$700,000 Settlement – Motor Vehicle Collision Resulting in Permanent Injuries and Significant Damages

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The Case Facts

Mr. N was pulling up to a four-way intersection in rural Ohio when he was t-boned by a truck driver who failed to stop at the stop sign. Mr. N and his 12-year-old son who was in the passenger seat, both were injured and had to be life-flighted to the hospital. There, Mr. N required emergency surgery, including the placement of a steel rod in his leg. He spent several days in the hospital before being discharged home and beginning physical therapy.

Mr. N’s son also suffered injuries as a result of the collision, including loss of consciousness, a closed-head injury, respiratory failure, and injuries to his scalp, face, and eye.

The Injuries and Damages Caused by Negligence

Mr. N was a dedicated worker; he held the same position (maintenance helper) for 13 years. Due to his injuries and rehabilitation, however, he was not able to return to work for a full year after the collision. As a result, he lost a year’s worth of income (approx. $29,000). In addition, Mr. N and his son incurred medical and hospital bills as a result of the collision (approx. $200,000).

While these economic damages are significant, they did not represent all the economic loss incurred as a result of the collision.

Mr. N was a single parent with three children. His 11-year-old daughter suffered from cerebral palsy. She required around-the-clock care, as she could not walk or feed herself. She required this level of care on a daily basis since her birth. Prior to the collision, Mr. N was able to provide care for her in the evening hours and on weekends, but he required the assistance of in-home nursing care services during his usual working hours.

Since his injury, Mr. N was unable to care for his daughter with cerebral palsy in the evenings and on weekends as he used to do. As a result, he had to hire additional nursing care to cover these hours. In the first year alone since Mr. N’s injuries, the increased cost of care to assist his daughter with cerebral palsy was more than $115,000.

Negotiating a Full Settlement – Daughter with Cerebral Palsy Need Not Be Left Out

Prior to filing suit, The Eisen Law Firm attempted to negotiate a settlement with the truck driver’s insurance company. There was no dispute that the truck driver caused the collision, but his insurance company believed that the recoverable damages were limited to the medical bills and lost wages. The Eisen Law Firm saw the case very differently.

The Eisen Law Firm took the position that, but for the collision, Mr. N would not have required additional nursing care for his daughter with cerebral palsy. Therefore, the increased cost of care for his daughter ($115,000) was a major part of the economic damages in the case. Initially, the insurance company disagreed and offered only $50,000 to settle the case. The Eisen Law Firm rejected the offer, and the parties agreed to go to pre-suit mediation.

At mediation, The Eisen Law Firm made a persuasive presentation – showing the facts and the applicable law – and convinced the insurance company that Mr. N was entitled to recover every penny he had to pay for additional nursing care for his daughter with cerebral palsy. The insurance company caved in and agreed to pay the full value of the economic damages.

Not only did the insurance company pay the full $355,000 in economic damages, it also paid an additional $345,000 to compensate Mr. N and his family for the “noneconomic” loss (pain and suffering, etc.) they suffered as a result of the collision. At the end of the day, The Eisen Law Firm was able to collect a total of $700,000 in both economic and noneconomic damages. We were able to ensure that Mr. N and his family will have the resources they need to heal from their injuries, pay their bills, and take care of themselves with dignity.