Rear-End Crash Against Drunk Driver Resulting in Traumatic Brain Injury

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The Scene Of The Accident: Southbound I-5, near Fife, WA

The at-fault was traveling in lane 1 of 5.
A non-fault driver was traveling in lane 2 of 5,
Our client was traveling in lane 3 of 5.

Suddenly and without warning, the at-fault driver cut across lane 2 and struck the non-fault’s vehicle, causing it to strike the right rear of our client’s car.

Force of the impact caused our client’s vehicle to spin out before it collided head-on with the concrete center barrier. The front and side airbags deployed, our client’s left knee struck the dashboard, and the airbags struck both arms. Our client suffered the loss of consciousness and was transported by ambulance to Tacoma General Hospital, where multiple CT scans and x-rays were taken of the head, neck, chest, and arms.

He was injured and in pain. He was diagnosed with:

  • Headache,
  • Tinnitus Of Right Ear,
  • Right And Left Ear Hearing Loss,
  • Concussion,
  • Memory Loss,
  • Fatigue,
  • Numbness,
  • Blurry Vision,
  • Neck, Both Shoulders, Upper, Mid, Lower, And Back Pain.

After his treatment, his medical bills equaled over $50,000!

To further complicate the situation, the doctors found a small tumor in his brain while he was in the emergency room. This diagnosis complicated our client’s brain damage claim. We tried to negotiate a settlement with the at-fault party, however we ultimately filed a lawsuit. After the deposition and a few weeks before the trial date, the at-fault party tendered its bodily injury policy limit of $250,000.

Clearly, we valued the claim for more than the policy limit, however our client did not carry UIM insurance. That said, our client also received Medicare/Medicaid due to his disabilities resulting from his tumor, and we were able to ensure the client was able to take all of his money home without forfeiting his government-funded programs.

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