A 14-month-old baby suffered a traumatic brain injury after a minivan carrying the child was hit by a flat bed tow truck in Richmond, Virginia (VA). The ramifications of this injury, which resulted in permanent cognitive impairment, are life-altering and will likely hinder this child’s development. 

A products liability lawsuit was filed and settled confidentially. However, the attorneys representing the child did not stop there. A declaratory judgment action was filed to determine what type of insurance coverage was available on the tow truck’s policy at the time of the truck wreck. A declaratory judgment is usually requested when a party is threatened with a lawsuit but the lawsuit hasn’t been officially filed. It turns out the truck company had a $750,000 policy on the vehicle. A settlement was eventually reached for $675,000.

Pursuing as much compensation as possible for a traumatic brain injury victim is important considering the expenses that may accrued. For example, the average cost of caring for the victim of a traumatic brain injury is roughly $4 million, according to health-helper.com.

Our firm dealt with a similar situation in a case where our client suffered a mild traumatic head injury and required assistance for the rest of his life. We recognized the fact that when we filed our lawsuit, pursuing as much compensation as possible was necessary to help make sure our client would receive proper medical care. Fortunately, we attained a $46 million jury verdict for our client, the largest jury award for a mild head injury in the United States at that time.

The combination of the products liability settlement and the $675,000 from the tow truck’s insurance policy will help the family of the young child handle unexpected expenses and help them to hopefully regain some semblance of their former life. There’s no arguing the fact that their lives have been permanently altered, but this compensation will at least help ensure they get access to quality medical treatment.