Top 10 Huge Florida Traumatic Brain Injury Payouts
As a personal injury lawyer from Orlando, I am well aware of the devastating effects of any accident caused by a traumatic brain injury. In their seriousness, traumatic brain injuries can differ from moderate, rapidly healing concussions to life-altering tragic injuries. For the remainder of their lives, the most serious traumatic brain injuries often leave the survivor entirely dependent on care-givers and even mild traumatic brain injuries can change many significant aspects of the life of the victim.
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I wanted to share 10 examples of Florida traumatic brain injury payouts from my research today concerning previous verdicts. However, for Florida traumatic brain injury payouts there have been nearly 1000 current reported cases, varying in value from zero to several million. So, to figure out your situation, we really need to know the seriousness of your traumatic brain injury, along with the details about the accident, and several other variables. Still, after each instance, I have shared a few comments to help you understand some issues that could affect the value of your Florida traumatic brain injury payout.
In addition, variables other than the severity of the injury will impact the importance of the event. For example, the value would be much smaller, even with a serious brain injury, if the defendant has very low insurance and no collectible assets. Yet in Florida traumatic brain injury payouts, we look high and low for any facts to lift the case value. We also ensure that our clients receive the medical attention they need to prove the severity of their injuries.
The best way to increase the value of your case is to contact us EARLY in the process, preferably immediately after the accident. The earlier we get involved, the more likely we are to be able to contribute, but here are several examples of Florida traumatic brain injury payouts to help you appreciate the potential significance of these horrific
Traumatic brain injury caused by an auto accident involving a car and motorcycle.
Result: $481,500
STATE: Florida
COUNTY: Orange
CITY: Orlando
Summary of the Case:
The plaintiff charged that when the defendant negligently entered through a stop sign and caused a crash, he was riding his motorcycle through an Orlando, Florida, intersection with the right of way. The accident occurred when the plaintiff eastbound with the right of way was riding his motorcycle. Driving northbound, the defendant went through a stop sign where her car collided with the motorcycle of the complainant.
As a result of the motorcycle crash, the plaintiff was diagnosed with a closed head wound and traumatic brain injury. He believed that cognitive deficits were ongoing. As a result of the crash, the defendant’s doctor felt that the plaintiff suffered no functional neuropsychological damage.
The jury awarded $481,500 in damages to the plaintiff, including $136,500 in past and future medical bills and $345,000 in past and future pain and suffering.
Orlando car accident lawyer comments: There can be changes in chronic brain defects caused by traumatic brain injury. If they are serious and there is strong medical proof that they were caused by the accident, then the value could be several hundred thousand to several million. Whether the injury is moderate or if the doctors do not agree on the diagnosis, or whether there are disagreements over who caused the accident, the values may be lower.
Severe brain injury caused by a car colliding with semi-truck, due to texting and driving.
Result: $4,300,000
STATE: Florida
COUNTY: Orange
City: Altamonte Springs
Summary
Cacilia C., 26, was a passenger in a car driven by her then boyfriend, Joseph Edward O., both Bunnell, Florida natives. The defendant ran a stop sign at the intersection while texting, and drove into a tractor trailer’s path. A traumatic brain injury that left her in a coma for three weeks was suffered by the plaintiff. She is chronically and completely disabled now.
In Orange County Circuit Court, the plaintiff filed suit, accusing the defendant of negligence by his texting while driving, resulting in the crash. For her long-term injury, the plaintiff claimed compensatory and non-compensatory damages.
The case was settled for $4,300,000 in damages by a bench judgment.
Orlando Traumatic Brain Injury lawyer comments: In this case, the main question is whether the defendant (the owner of the car who was texting and driving) had enough insurance to cover the liability. Most likely, he did not, if he was a personal driver. It is disappointing that there was no evidence that the semi-truck driver was to blame since car insurance plans ranging from one to a few million frequently include semi-truck accidents.
High speed rear end collision caused by a stolen vehicle.
Result: $400,000
STATE: Florida
COUNTY: Marion
Summary:
The plaintiff brought this suit against her uninsured motorist carrier after a non-identified motorist in a stolen vehicle hit her car in the rear behind her. As a result of the crash, the defendant challenged the degree and nature of the injuries alleged by the plaintiff.
At the time of the collision on September 1, 2017, the plaintiff was a 71-year-old female. On NE 25th Avenue in Ocala, the complainant was traveling northbound. The defendant was on NE 3rd Street traveling westbound. The plaintiff charged that, at a speed of around 100 mph, the defendant disregarded a red light, approached the intersection, and hit the rear of her car.
The effect caused the vehicle of the plaintiff to spin out of control. As a consequence of the crash, the plaintiff alleged a brain injury with post-traumatic headaches, cervical and lumbar myofascial pain syndrome, a lumbar disc herniation, and deterioration of the right knee and right ankle degenerative arthritis.
Prior to sentencing, the lawsuit was settled for $400,000.
Orlando personal injury lawyer comments: Since only headaches are listed in the description, this was possibly a mild brain injury. So the other injuries were actually a big part of this settlement of $400,000. This is one reason why accident patients can immediately seek recovery following every accident with ALL of their symptoms.
Motor vehicle collision that caused a traumatic brain injury, against uninsured motorist insurance policy carrier.
Result: $61,636.95
STATE: Florida
COUNTY: Lake
Summary: In a motor vehicle crash with Mikel Patrick, Plaintiff Anne Koon was involved. At Progressive American Insurance Provider, Patrick had a $10,000 insurance policy. Via her $300,000 underinsured motorist policy with defendant Government Employees Insurance Corporation (Geico), the plaintiff acknowledged Patrick’s policy limitations in settlement and requested additional compensation. The defendant denied the injuries alleged by the plaintiff, including the traumatic brain injury she sustained in the crash.
Florida auto accident lawyer comments: For traumatic brain injury payouts, this is a relatively low value, which indicates that either the symptoms of the plaintiff were mild, or the jury did not believe the diagnosis (which can occur when there are conflicting experts who have different opinions about whether the victim actually suffered a traumatic brain injury). Assuming the symptoms make the diagnosis apparent, the only way to optimize the benefits of Florida traumatic brain injury payouts is to employ the best traumatic brain injury experts, which is what we do.
High speed rear end accident caused by a tractor trailer.
RESULT: $151,500
STATE: Florida
COUNTY: Orange
Summary: Gendron sustained a fracture of the femur, which required a rod and screws to be inserted. As a result, Gendron’s leg was shortened. As a result of the crash, he also reported having sustained a traumatic brain injury, with the ringing of the ears, dizziness, and headaches. The neurology specialist at Gendron reported that he had undergone a traumatic brain injury. Medical costs of around $105,000 were incurred by Gendron. His doctors believed that future medical treatment will be required. Gendron’s orthopedic surgeon testified that to remove a screw in his femur that irritated his hip region, he would need further potential surgery. Gendron believed that as a result of his injury, he lost his aircraft repair company and that he lost substantial business opportunities associated with start-up companies that he had founded prior to the accident.
Lascelles Anderson was rear-ended by plaintiff Paul Gendron, a 48-year-old business owner of an aircraft mechanic and aircraft repair shop. At the time of the crash, Anderson was driving a tractor trailer operated by his employer, Central Broward Construction Inc.
For reckless control of a motor vehicle, Gendron sued Anderson and sued Central Broward Construction for vicarious liability. Anderson and Central Broward Construction acknowledged responsibility for the crash, but Gendron’s damage allegations were denied by the defendants. The case went to trial only for damages. In order to substantiate his business loss allegations, Gendron’s accounting expert was called. In his final statement, Gendron’s lawyer pleaded for over $2.5 million. The neurology consultant of the defendants claimed that Gendron did not experience a traumatic brain injury in the accident in question. The prosecution also called a neuroradiology specialist who testified that no signs of a traumatic brain injury were provided by Gendron’s diagnostic films.
Orlando auto accident lawyer comment: This case was a disappointingly small verdict, particularly given the rod and screws required for the fracture (which requires a surgical procedure and a lot of pain). The jury most certainly did not conclude that a traumatic brain injury was sustained by the plaintiff. For a brain injury, the effects were very mild, and the experts disagreed. Instead, the jury most certainly believed the defendant’s experts. This is why, if we have a serious case of brain injury, we recruit only the best traumatic brain injury experts in the world.
Remember also that the defendant just argued for the value of the damages. We also clarify to consumers whether the insurance provider or defendant acknowledges liability, it does not matter. They will also fight tooth-and-nail for the case’s worth. From the beginning of every case, we use many techniques to maximize value for each of our customers if their injuries are really serious (if their injuries are not really that bad, then the value of the case will not be as high because we can not create a false injury or symptoms to present to the jury).
Motor vehicle negligence, rear end collision with four children.
Result: $51,000,000
STATE: Florida
COUNTY: Osceola
Summary:
A family of six has been charged in this action over a car accident in 2013. With a jury decision, the case was settled.
Yolanda A. in December 2013 was hit at a red light with her four children with such intensity that it stood upright on its front bumper and slid into the car in front of it, the defendant, Nathan P., smashed into the plaintiff’s car.
Injuries such as traumatic brain injuries, multiple fractures, organ damage, and blunt force trauma were sustained by the plaintiffs. One child has been made paraplegic.
In the Orange County Circuit Court, the plaintiffs brought a complaint against defendant Nathan P. The plaintiffs claimed damages for misuse in motor vehicles, including $500,592.72 in medical bills.
The jury returned the complainant’s finding and awarded damages of $51,813,591, including $11.7 million, $2 million, and $1 million for each of the children, and $7.5 million for the mother.
Orlando accident attorney comments: This was a devastating case involving a few primary facts that contributed to such a high verdict: (1) the defendant’s very simple fault, as he rear-ended the car of the plaintiffs (as opposed to an intersection crash where the fault may have been disputed); (2) very serious impact caused by gross negligence, faster driving, and little attention being paid to the roadway. We understand this because a car can only flip vertically on its front bumper at a high rate of speed, then ram the car in front, (3) very, very serious injuries, including paraplegia, paralysis, organ damage, multiple fractures, and significant brain damage, with some seriously injured victims
Whether the defendant had an insurance policy that would cover these sums is one thing that is not evident from these reported outcomes. They actually didn’t, unfortunately. There are cases where we can get very high verdicts paid by insurance companies because, although they should have (called bad faith), the insurance provider refused to settle for the full policy sum. But such cases are unusual. The largest payments often come from motor vehicle accidents with motor insurance plans that are often priced at between 1 and 5 million.
Negligence scooter struck by suburban
VERDICT: $6,000,000
STATE: Florida
COUNTY: Orange
City: Orlando
Summary: When she hit the rear of a motorcycle owned by Kenneth Jones, defendant Christina Araj was driving a Chevrolet Suburban. Jones hit his head on the Suburban windshield and reportedly sustained traumatic brain injuries that involved eight operations and left him severely injured and in need of continuous nursing care. At the time, Jones had a suspended driver’s license, and the suspended license did not include a motorcycle endorsement.
On Aug. 21, 2012, defendants argued that Jones was incompetent for not having the correct license to operate the motorcycle on the roads, for not wearing the right eye and headgear, and for running the motorcycle on a highway where the speed limit was 45-55 mph while the scooter was only able to run at a pace of 30-35 mph.
Christina Araj was 75 percent responsible for the crash, the jury found. For Jones’ 25 percent comparative negligence, the verdict number was prior to the reduction.
Orlando car accident lawyer comments: This case demonstrates that even though you have some poor evidence (namely, the plaintiff was not properly licensed and did not wear headgear), you can still recover a substantial sum of proof that the defendant was at fault and caused severe injury. If, as in this case, the plaintiff has some responsibility, the judge instructs the jurors that they should allocate the plaintiff some percentage of liability. That’s what “comparative neglect” is called, and this is what happened here. 25 percent of negligence was considered by the plaintiff. So by that number, the judge would have reduced the verdict.
If there was insurance money to pay for this allegation is also not clear. Very often, it doesn’t exist, but what insurance policy coverage the defendant may have is the first and largest case in any serious injury case. If there is a program of greater importance, then medical care and specialists are used to illustrate the seriousness of the accidents. In this scenario, with eight surgeries and irreversible incapacitation requiring continuous nursing care, the very severe injuries of the plaintiff became apparent. Since the injuries were so grave, the verdict was so high.
Product Liability, negligent manufacture of fishing boat.
VERDICT: $1,130,000 .
STATE: Florida
COUNTY: Seminole
SUMMARY:
A 32-foot center console fishing boat built by defendant Donzi Marine, LLC was purchased by 46-year-old plaintiff Jonathan Turner. A month later, the plaintiff was boating on the Intracoastal waterway of Florida with two of his friends and moving at a speed of about 64 miles per hour when the 32-pound glass and aluminum windshield of the boat was dislodged from the center console without notice and struck. He initially sustained facial injuries, including lacerations and a broken nose, but later reportedly became aware of a concussion and a mild traumatic brain injury that induced mood, memory, cognitive ability, and sleep cycle disruptions.
The claimant brought a product liability lawsuit alleging that by adding inadequate screws to fiberglass without backing plates, bolts, or marine adhesive, the defendant had negligently mounted the windshield. The defendant claimed responsibility for facial injuries, but the traumatic brain injury was contested. Initially, the defendant denied liability but admitted liability after four years of litigation. The defendant, however, argued that sleep disturbances, headaches, mood issues, and other suspected deficits, including weight gain and low testosterone, were triggered by other causes. For his decision to wait two years for the nasal surgery and denial of pain medication, the defendant also sued for minimizing the claimant’s damages.
The amount of the verdict was prior to the reduction of the jury’s decision that the plaintiff refused to reduce his damages amounting to $405,000, resulting in a $750,000 net verdict.
Orlando personal injury attorney comments: Can you imagine that the defendant was trying to claim that they were not liable for the injuries? That should show you just how tough these businesses are going to fight to avoid paying any cash. In addition, after the defendant admitted responsibility, they nevertheless argued hard for the severity of the injury to the plaintiff. We also see this in cases of, especially mild traumatic brain injury. Proving a traumatic brain injury is difficult whenever the symptoms mimic ordinary problems (like disrupted mood and sleep). When the traumatic brain injury diagnosis is straightforward, the safest choice is to employ the best traumatic brain injury specialist, a physician with excellent qualifications who is knowledgeable in demonstrating to the jury the effects of a traumatic brain injury. This is the tool that has helped us to explain mild, moderate, and extreme cases of traumatic brain injury.
Negligent security at tavern. Man sues bar after fight.
Result: $18,000,000 VERDICT
STATE: Florida
COUNTY: Orange
Summary:
In this bar’s negligent protection action, the male plaintiff sued the defendant’s bar in his early 30s after sustaining a traumatic brain injury when attempting to break up a bar battle. With a jury decision, the case was settled.
The facts showed that at this bar in Orlando, Florida, the plaintiff, Joshua M., a regular, stepped in to avoid a bar fight around closing time. The plaintiff maintained that after he was hit by another patron and dropped, hitting his head on the pavement, he suffered a traumatic brain injury. For two months, the plaintiff was in a coma. He is now in a wheelchair and suffering from communication problems. A general denial of responsibility was rendered by the defendant.
The plaintiff claimed that the defendant’s bar was incompetent in failing to have sufficient protection and in failing to train their employees to deal adequately with unruly patrons. The plaintiff argued that the negligence of the defendant in this respect was a direct cause of his injury.
The plaintiff filed suit against the bar in the Circuit Court of Orange County, Florida. The plaintiff’s negligent protection lawsuit sought compensatory damages, as well as other damages, for missed wages and medical costs.
The jury found for the plaintiff and assessed damages of $18 million.
Orlando personal injury lawyer comments: This verdict was high because the injuries were serious and easy to prove because for two months the plaintiff was in a coma, during which he had trouble walking and talking. This is the kind of serious traumatic brain injury where it is easy to prove the extent of the injuries. Negligent protection needs proof that on the premises there were previously similar crimes, so there would have been clear evidence on that topic as well.
Motor vehicle negligence. Three vehicle, rear end collision.
Result: $505,775 VERDICT
STATE: Florida
COUNTY: Orange
Summary:
This action resulted from a rear end collision due to the negligence of the driver of the defendant, driving a freight van owned by the company of the defendant. Summary judgment on the issues of liability and comparative negligence was issued to the appellant and the case was tried only on damages and causation.
The accident took place in Orlando, Florida. The plaintiff’s vehicle was stopped in the left lane of the Apopka-Vineland Road for a traffic light when it was hit from behind and forced in front of it into the car.
The complainant testified that using her left arm, she braced for impact and her head hit the steering wheel. She was dazed and confused and felt pain in her head, neck, and shoulders after the crash, the plaintiff testified. At the University of Central Florida Healthcare Center, the complainant, a college student at the time, sought help. Ligament damage to her cervical spine and a left shoulder subluxation and impingement for which shoulder surgery was performed were subsequently diagnosed. Moreover, the plaintiff alleged that a moderate traumatic brain injury characterized by vertigo, impaired memory, slowed mental activity, headaches, and dizziness was caused by the collision.
The defendant argued that the complainant’s symptoms of brain damage were subjective and that empirical facts did not support them. The defense argued that concussion-like symptoms would have been healed by the plaintiff within nine months of the accident. The defendant stressed that after the accident, the plaintiff returned to college and earned better grades than she had before the accident, negating her cognitive disability argument. The defense also argued that after the crash, a regular X-ray of the cervical spine of the plaintiff was done and was normal and that the claimant’s neck and shoulder complaints were not caused by the collision.
The jury paid $505,775 in damages to the plaintiff.
Orlando car accident lawyer comments: Since the defendant re-ended the complainant, the blame of this accident was obvious. The complainant was young as well. There were very severe injuries, including shoulder surgery and mild traumatic brain injury for a young person. The experts strongly supported the arguments of the plaintiff that he had a traumatic brain injury.
Most important issues in traumatic brain injury cases.
Some of the highest verdicts in the history for Florida traumatic brain injury payouts were included in the ten examples above. We did not include several verdicts of lower significance, which often include far less severe cases of traumatic brain injury. When the cause of the accident is apparent, and the injuries of the plaintiff are significant, Florida traumatic brain injury payouts increase in value significantly, and experts conclude that the plaintiff suffered a traumatic brain injury.
Symptoms may also tend to be like traumatic brain injury, but they may actually be milder, such as Post Traumatic Stress Disorder ( PTSD). Cases of PTSD have the meaning as well, but not as strong. To show a serious traumatic brain injury case, it is often necessary to employ the best traumatic brain injury experts to examine the claimant and testify to a jury when necessary.
If there is either a moderate or ambiguous diagnosis of traumatic brain injury, then the value would be lower. Values greater than 1 million typically include lifelong, crippling cases of traumatic brain injury, where the defendant just has no way to contest the diagnosis.
In short, the highest recoveries are attributed to more serious traumatic brain injury cases, where the complainant clearly had life-altering injuries. Mild to moderate signs of traumatic brain injury are often more difficult to demonstrate, such as headaches, mood, and sleep disturbances, and even mild cognitive disturbances, but the only way to optimize the benefit of traumatic brain injury cases is to use the best experts and therapies.
What if you already have another Florida accident lawyer?
Many cases where clients were disappointed with their present counsel to have been acknowledged by us. However, if your lawyer has withdrawn from the case, or your lawyer has already made an offer in the case, we normally will not consider the case because your lawyer would have a lien on his or her fees. That being said, if your lawyer has not withdrawn, but you are disappointed with his or her services, then we will be happy to discuss whether we could be able to assist.
