$3.5M

Case Details

This case occurred in Texas. Our client was on the job when the truck in which he was a passenger was hit head on by another driver. Our client suffered devastating injuries including a traumatic brain injury. After undergoing numerous surgeries in Texas to stabilize his condition, he was med-flighted to The Sheperd’s Center in Atlanta, Georgia for treatment and rehabilitation of his traumatic brain injury. I was contacted by the family after the client arrived in Atlanta and flew to Atlanta the next day to meet with the client’s parents. Our client spent 6 months at Sheperd Center. The traumatic brain injury has left our client unable to live unable to live by or care for himself. After meeting with the family, we immediately filed suit. Due to our client being on the job, there were two different cases that had to be filed. First, was the case against the defendant driver who caused the wreck. The second was the case against our client’s worker’s compensation insurance carrier as the wreck happened while the client was on the job. The automobile accident case was resolved through mediation. The worker’s compensation insurance company, however, would not agree that our client was permanently and totally disabled even though each of his treating physicians testified that our client no longer had the mental capacity to work, would never be able to live on his on much less operate a vehicle and that he would be a danger to others. After an intense trial, the Court found that our client was permanently and totally disabled as defined by Alabama’s Worker’s Compensation Act. The worker’s compensation carrier did not agree with the decision of the trial Court and filed an appeal to the Supreme Court of Alabama. After filing written briefs in support of our client, the Supreme Court of Alabama agreed that our client was permanently and totally disabled and upheld the trial court’s award of benefits.

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