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3/24/2010
Shapiro, Lewis & Appleton
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Virginia (VA) Truck Driver Gets $2.5M Settlement After Rear-End Accident Worsens Brain Defect

A northern Virginia (VA) delivery truck driver whose potentially debilitating structural brain defect came to light and was made worse traumatic brain injury TBI concussionby a rear-end accident involving another commercial truck has received an accident settlement of $2.5 million. The settlement covers all of the hundreds of thousands of dollars the accident victim spent on surgeries and other medical treatments following the accident. It also compensates the delivery truck driver for a portion of the wages he lost and will no longer be able to earn.

According to a Virginia Lawyers Weekly report on the accident and settlement, the accident victim did not learn until after the accident that he had been born with a condition in which brain matter could compress his spinal cord, causing significant pain and physical disability. The collision with a flat-bed truck exacerbated his condition and produced many of the symptoms of a traumatic brain injury, including severe headaches, numbness in his face and ringing in his ears, blurred vision, confusion and speech difficulties.

The company that owned and operated the flat-bed truck that ran into the victim's truck while it was broken down and parked on the side of the road out of the flow of traffic initially refused to pay any medical costs or damages because of the delivery truck driver's pre-existing condition. But the victim had almost no symptoms from the condition called Chiari malformation until he was hit. The settlement, then, seems fair and reasonable.

Traffic accidents -- whether they involve cars, trucks, motorcycles or pedestrians -- represent the second most common cause of concussions and other serious brain injuries. When the injury is severe -- hence the medical term "traumatic brain injury" -- men, women and children who suffer them can experience physical and mental problems for years and decades.

EJL

Category: Brain Damage/Head Injuries

Labels: accident Attorney brain Cooper defect head injury pre-existing condition settlement signs and symptoms TBI traumatic truck VA victim


About the Editors: Shapiro, Lewis & Appleton is a VA injury law firm whose attorneys focus on personal injury and accident law and have experience handling cases brought by victims of traumatic brain injury and closed head injuries. In fact, in 2000, our firm helped a plaintiff receive what was then the largest verdict ever in a Virginia brain injury case. Then in the year 2012 we won a $21 million brain injury verdict.  We also have a blog in which we discuss only topics related to brain injuries and head wounds. 

Rick Shapiro and James Lewis have been named to the National Million Dollar Advocates Forum since 2009 and listed among the Best Lawyers in America since 2008.Shapiro and Lewis have been named Virginia Super Lawyers for Personal Injury Law since 2008. Fewer than 5 percent of lawyers receive this professional honor. In addition, our firm was the first in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA injury law firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.
We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Chesapeake, Hampton, Suffolk and Newport News if you or a family member has been seriously hurt by someone else's carelessness. While not every case meets our criteria, we offer free initial confidential consultations. Call us toll-free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can get back to you.

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