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The Legal Case of a Brain-Injured Child

March is Brain Injury Awareness Month. Throughout the month will share stories of people who sustain brain injuries through no fault of their own. Today, we want to call to your attention a case in which a 4-year-old child suffered a brain injury as a result of a car crash.

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Digital visualization of a human brain

The child was riding in the car with her mother when the car was broadsided as the mother was trying to make a left turn. A weekend sportscaster for a local TV station was rushing in an effort to get film to run during the broadcast in the late evening. He was speeding through the intersection, according to the mother.

The young child, diagnosed with multiple injuries, lay in a coma for 14 days. Her injuries included, brain, internal and orthopedic injuries. After she awoke from the coma, she spent a month in the rehabilitation unit of a Children’s hospital. Doctors discovered (from a PET scan) that a large section of the orbital frontal lobe of her brain showed no function. Later examination showed behavior and memory problems that were typical with this type of brain dysfunction. The attending neuropsychiatrist testified to the diagnosis of brain injury, brain dysfunction, and attention-deficit disorder. Further the doctor testified that these injuries would have several long-term problems with cognitive deficits, behavior problems, and decreased problem-solving ability, as well as executive function and social interaction. According to the doctor, the child’s difficulties would increase as she reached adolescence, and that she would need long-term supervision and structure, and that eventually, up to 24 hour care in a residential facility.

The defendant’s attorneys argued that the child’s need were not as extensive as portrayed by the doctor. The first attempt to mediate this case did not reach resolution. The second attempt to mediate resulted in a settlement of 8.35 million dollars.

Brain injuries sustained in auto accidents typically result in serious harm to the patient and to the patient’s family. If you or a loved one is involved in a car crash and sustains a head injury, it is very important to be thoroughly checked and monitored by emergency physicians and by your family or primary care physician.

If you need an attorney to assist you with a traumatic brain injury lawsuit due to a car crash or any other cause, and not your fault, call Altizer Law, P.C.  We have significant experience in cases of this kind. You will be met with compassion and your case will be handled professionally and aggressively.

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