Sacramento Brain Injury Lawyer Blog

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/automobile accident case and its proceedings.)

ITEMIZED LIST OF CLAIMED DAMAGES

MEDICAL SPECIALS TO DATE

(1) University Neuropsychology Group $ 5,500.00

(2) Suzanne Perry, Ph.D. (approx.) $ 5,000.00

(3) Medical Center $ 2,253.90

(4) Beverly Tower Imaging $ 3,055.00

(5) Michael Lee, D.C. $ 3,230.00

(6) Donna Green, M.D. $ 1,225.00

(7) Robert James, M.D. $ 1,950.00

(8) The Massage Place $ 994.00

(9) Joan John, M.D. $ 7,000.00

(10) A.U.D. (Audiology) $ 1,000.00

(11) Tim Jones, M.D. $ 550.00

(12) Matrix Group $ 775.00

(13) XYZ Hospital $ 1,646.00

TOTAL: $34,178.90

FUTURE MEDICAL SPECIALS

(Approx.) $50,000.00

LOSS OF EARNINGS

(1) Loss of Earnings to Date: $ 170,000.00

(2) Future Loss of Earnings: $ 500,000.00

STATUS OF SETTLEMENT NEGOTIATIONS

The parties have had two sessions of mediation with a mediator from ADR Services. Plaintiff's lowest demand was $500,000.00,: Defendant's highest offer was $50,000.00.

Defendant Brown is covered by a $500,000.00 automobile insurance policy. Plaintiff had tendered a statutory offer to settle for the policy limits back in September 4, 2008. In turn, Mr. Brown tendered a statutory offer to settle for $50,000.00.

Plaintiff next tendered a statutory offer to settle for $250,000.00 on December 4, 2008. That offer has expired and in light of the significant ongoing difficulties plaintiff has suffered, her demand was once again for the full policy limits. That renewed offer to settle for the policy limits has expired.

Continue reading "Brain-Injured Sacramento Woman Battles To Return To Work After Car Accident, Part 5 of 5" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/automobile accident case and its proceedings.)

SUMMARY OF PLAINTIFF'S LOSS OF EARNINGS

At the time of the accident, Ms. Smith was working with LexisNexis. She initially took some time off from work after the car accident and then was able to return to work but at a lighter reduced schedule. Some difficulties arose at work with her inability to work full-time and her ongoing disability. As a result, Ms. Smith suffered additional ongoing stress from work environment.

Ms. Smith's pre-accident employment reviews were outstanding. She was clearly a star in the LexisNexis sales field. However, she suffered a severe inability to perform her job post-brain injury. She was eventually terminated by LexisNexis in March, 2008.

Ms. Smith is claiming loss of earnings as follows:

2006: $ 20,000.00

2007: $ 25,000.00

2008: $ 125,000.00

TOTAL: $ 170,000.00

Ms. Smith has been seen by Dean Black, a vocational rehabilitation expert. Mr. Andersen has projected a substantial loss of earnings. Comparing Ms. Smith's pre-incident loss of earnings to her potential post-incident loss of earnings, Ms. Smith can be anticipated to suffer loss of earnings in excess of $500,000.00.

Ms. Smith is optimistic that her condition will improve and that she will be able to return to some form of active employment.

Continue reading "Sacramento Woman Loses Job After Car Accident, Part 4 of 5" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/automobile accident case and its proceedings.)

Ms. Smith had been referred for a neuropsychological evaluation by Dr. Green but was unable to proceed because of the lack of finances. Subsequent, arrangements were made for her to have a neuropsychological evaluation which was recently completed. She was diagnosed as suffering from adjustment disorder (with depressed and anxious mood, moderate-severe). Significantly, the extensive testing established that there were no data to suggest that the patient is feigning or amplifying her current cognitive symptom presentation. In other words, “this patient is not malingering."

On referral from the neuropsychologist, Ms. Smith has recently been evaluated by neurologist, Robert James, M.D. Dr. James has diagnosed Ms. Smith as suffering from cerebral concussion; postconcussive syndrome; posttraumatic headaches; chronic cervical musculoligamentous strain; chronic thoracic musculoligamentous 2.5 strain; chronic lumbosacral musculoligamentous strain; bilateral lower extremity restless leg syndrome; PTSD; and post-traumatic insomnia.

Ms. Smith has also undergone an extensive work up for her ongoing traumatic brain injury symptomotology from Joan John, M.D. The bottom line from Dr. John's report is that Dr. John has established objective documentation to correlate Ms. Smith's symptoms with a post-concussion syndrome. Dr. John has also outlined a cognitive rehabilitation program specifically designed to correct Ms. Smith's cognitive and emotional deficits caused by the accident. This neurocognitive rehabilitation program will take approximately one year and a half to complete with Ms. Smith anticipated to make substantial recovery following completion of this extensive program.

Continue reading "Woman From Sacramento Brain-Injured In Automobile Collision, Part 3 of 5" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/automobile accident case and its proceedings.)

NATURE AND EXTENT OF PLAINTIFF'S DAMAGES

SUMMARY OF PLAINTIFF'S MEDICAL TREATMENT

Ms. Smith sought treatment with Lee Family Chiropractic on October 11, 2006. She reported that she could not stop crying since the accident. She was also complaining of left neck pain and stiffness, left shoulder pain, left lower back pain, knee pain, nervousness, irritability, depression, and was feeling weird. She also had bruises along both hips from the lap belt as well as bruises on her right knee and nose from the air bag deploying. Dr. Lee evaluated Ms. Smith and diagnosed her as suffering from a cervical spine sprain/strain; lumbar spine sprain/strain; sacroiliac sprain/strain; left shoulder sprain/strain; and knee sprain/strain.

Dr. Lee treated Ms. Smith on a regular basis through February 8, 2007, and discharged her with the expectation that she would have continued care. She has in fact continued to see Dr. Lee since her discharge.

Ms. Smith also sought medical attention from neurologist, Donna Green, M.D. She was first seen by Dr. Green on May 14, 2007. Ms. Smith reported that she had ongoing and progressive depressive symptoms. She also was unable to multitask. She also continued to have some neck discomfort as well as headaches.

Continue reading "Car Accident Leaves Sacramento Woman With Brain Injury, Part 2 of 5" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/automobile accident case and its proceedings.)

PLAINTIFF'S TRIAL BRIEF

GENERAL STATEMENT OF CASE

This is an auto versus auto accident case occurring on October 10, 2006 at approximately 7:00 p.m. Plaintiff Sandy Smith was traveling northbound on University Avenue crossing the intersection with North Street when defendant Dan Brown, who had been traveling southbound on University Avenue, was making a left turn onto eastbound North Street. The signal at the intersection was green for northbound travel, but Mr. Brown made his turn when it was unsafe to do so. There were SUV vehicles in the no. 1 lane waiting to turn left onto westbound North Street from northbound University which blocked both Mr. Brown's view of Ms. Smith and Ms. Smith's view of Mr. Brown. However, Ms. Smith clearly had the right of way as she was heading straight through the intersection on a green light and Mr. Brown clearly had the duty to not make his turn until it was safe to do so.

Plaintiff thus submits that there is no dispute about liability for this accident.

Ms. Smith saw Mr. Brown when he was approximately 7 to 10 feet away. There was no time to avoid the accident at that point. She struck Mr. Brown and, as a result, her car turned 90 degrees to the right. Ms. Smith was knocked unconscious for about 30 to 90 seconds as a result of the accident.

Continue reading "Sacramento Woman Suffers Brain Injury, Part 1 of 5" »