$400,000 SETTLEMENT – TRAUMATIC BRAIN INJURY
Red-Light Runner Crashes into Our Client: A Case Study
In 2014, a woman was a passenger in the front seat of a car driven by a friend. They were in Cape Coral and were proceeding through a green light on Del Prado Boulevard. Just as they were entering the intersection, a negligent driver blew through her red light and crashed into our client's vehicle, crushing the passenger side, where our client was seated.
The forceful impact caused our client's car to careen into a third vehicle. The police investigation cited the red-light runner and also discovered that she was driving on a suspended license and without any insurance.
As a result of the impact, our client's head struck the interior passenger compartment resulting in a loss of consciousness. She was transported by EMS to the hospital, where she was admitted for several days. The CT scans of her head revealed that our client sustained a subarachnoid hemorrhage, a serious head injury. Her traumatic brain injury also affected her memory and left her requiring daily assistance in an assisted living facility.
The vehicle our client was traveling in had what is known as a “Single Limit Uninsured Motorist” policy. This means that all of the people with injury claims would have to fight for compensation over the same limits of the $500,000 policy. When our firm began representing her, it was our job not only to prove that the defendant driver was legally responsible for causing the crash, but also to prove the severity of the injuries our client sustained as a result of this crash. Unfortunately, the insurance company denied responsibility for the injuries our innocent client suffered and attempted to low-ball her with nominal settlement offers, so a lawsuit was filed.
As we got deeper into litigation, the defense attorneys representing the insurance company came up with the theory that our client's injuries were caused by a cardiovascular condition, instead of the huge impact of the crash. They even hired a neuropsychologist from the University of Florida to testify in this manner.
We determined it would be helpful to retain the services of a well-known and respected medical doctor who is board certified in brain injury medicine. Attorneys Michael Noone and Sheba Abraham, working together on this case, presented the findings of this medical doctor and relayed his adamant opinion that the brain injuries our client suffered were directly caused by this motor vehicle crash.
Our efforts to prove the value of our client's injuries were successful. When were just a couple months from trial, the insurance carrier finally realized we were not going to back down, and accepted our settlement offer of $400,000.
The trial date was set for August 2019 — which illustrates how long an insurance company will sometimes fight before they are willing to fairly evaluate a personal injury claim. The Goldberg Noone Abraham attorneys are proud of the settlement they negotiated, and our client looks forward to using the funds to assist her in her long road to recovery.