Railroad Engineer Brain Injury/Brain Damage Railroad Accident: $1,000,000 Settlement
Attorneys and Staff: Richard N. Shapiro, Attorney, Co-Counsel, Roz H., Paralegal
Court/Date: Confidential/May 2013
Case Description: Brain damage/brain injury in railroad accident
A railroad engineer suffered an injury while in a locomotive that was stationary waiting for further train orders. Suddenly, and without warning another railroad’s train slammed into his two coupled engines, one which he occupied. The engineer was knocked out of his seat and struck his head on the nearby surface of the engine. He filed an accident report with the railroad, and treated with his own doctors over the next couple of weeks. Because of cognitive and memory issues that arose, he was referred to a top brain injury medical specialist, known as a neuro-psychiatrist.
Our Virginia Railroad injury lawyers firm then contacted the brain injury medial specialist and reviewed all of the testing in order to best understand the type of mild traumatic brain injury the client suffered. There was no question that the brain injury medical specialist confirmed that our client suffered brain damage as a result of the train accident even though there were no obvious signs on the brain injury MRI reports. Associated neuro-psychological testing further confirmed clinical signs of brain injury. We made sure that the client’s condition was satisfactory before working with co-counsel, in another eastern state in order to move the matter into the lawsuit phase. Co-counsel filed suit and pursued the railroad (confidentiality prevents naming the railroad) with regard to this claim. Numerous depositions were conducted, and numerous reports were written by the medical experts involved in this case. Just weeks before trial, the judge in the case held a mediation/settlement conference. Co-counsel created a detailed settlement conference submission brief outlining the key reports and testimony. Much of the attention was directed to the medical evidence relating to brain injury, and the railroad engineer was never able to work since suffering the head injury on the accident date.
The case was settled for $1,000,000.00 at the settlement conference. Because of a confidentiality agreement, we cannot disclose co-counsel, the railroad, the place of suit, or other identifying details.
OUTCOME: $1,000,000.00 settlement (mediation)