$4.8 Million Dollar settlement achieved for a 35-year-old woman who suffered a traumatic brain injury.

Our client was a 35-year-old female when her vehicle was struck from behind by a vehicle driven by the defendant driver and owned by the defendant company.

Our client was stopped in her minivan on her way to work when she was struck from behind by the vehicle driven by the defendant driver. Our client’s minivan was pushed forward and across the oncoming lane of traffic where she was struck broadside by an SUV traveling 45 miles per hour.

The second impact toppled our client’s van onto its side and into a guardrail. Our client struck her head and was found unconscious at the scene. She did not regain full consciousness until three days later. Our client was discharged from the hospital 12 days post-accident.

Our client’s physical injuries included a laceration to the side of her head and onto her ear which left a small scar near her right ear. The most serious injury reported by our client’s physicians was a traumatic brain injury which was causally related to the accident. Our client claimed that she suffers ongoing cognitive deficits, including memory problems. Our client testified that fatigue has been an overwhelming problem since the accident and that any prolonged physical or mental exertion drains her.

Our client is married with no children. Although she and her husband had no plans to have children, they claimed that it was a possibility they had left open. After the accident, however, our client alleged that she is no longer capable of having children and that the choice has been essentially taken away from them.

Our client’s family operated a True Value hardware franchise and our client was a full-time employee of the company and a 20% owner at the time of the collision. Our client’s father continued to pay her salary after the accident, but our client claimed that she had been largely unable to return to the store to perform any meaningful work.

Our client’s vocational expert opined that she is totally and permanently disabled from employment. Our client alleged that her plan to take over the family business in the future is no longer possible as a result of her accident-related injuries.

Result: The case settled prior to trial for a total of $4,800,000.

Attorney for client: Andrew P. Baratta and Anthony J. Baratta –  Baratta, Russell & Baratta

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