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$21 Million Structured Settlement for Brain Injured Client


Randy Appleton and Becky Wyatt, paralegal.

What Happened:

We settled multiple cases stemming from our clients' vehicle being rear ended by a tractor-trailer at a stoplight. This wreck caused serious personal injuries to the parents and their two daughters. In fact, the two young girls suffered brain trauma. Our clients were stopped in their small car at a light just a couple blocks from their house. The father was driving, the mother was in the front passenger seat, and the daughters were in child seats in the back seat.

The truck driver was on a run to several local eating establishments. He testified that he remembered turning on the road that was the scene of the wreck about half a mile prior to the stoplight and moving into the left lane in anticipation of stopping at a business.

The impact from the truck-car accident collision was so severe the front seats of our clients’ car collapsed backwards. The trunk of the small car was smashed into the passenger compartment of the car driving the little girls into the head rests on the top of the front seats, causing traumatic brain injuries to each girl. The closed head injuries left one of the children unresponsive.

After the development of each of the four cases, we engaged in voluntary mediation sessions with the defendants (truck driver and his employing company). We successfully mediated the cases involving the parents and the less severely injured child in our first daylong mediation session. We engaged in a second mediation session for the more severely brain injured child about thirty days later. We had a structured settlement annuity consultant attend that mediation to assist in determining the amount of money needed to cover the potential future needs of our brain injured client.

We were able to resolve the case of the second child at mediation with sufficient funds to establish a trust to provide for her short term medical and educational needs and structured settlement guaranteed to pay out in excess of $21 million over its life to provide long term financial security for our client. The present settlement amount of this major brain injury claim was $5.5 million. Our personal injury law firm was proud to represent this wonderful family and assist in assuring that the young daughter with the serious brain injury will be able to cover her lifetime medical expenses.