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Brain injury research leads to $5.1M suit settlement

A traumatic brain injury is a life-altering event that can affect everything from memory, personality, and daily living skills. Texans who suffer brain injury due to accidents beyond their control may find themselves in dire straits. Bills for immediate medical treatment, rehabilitation and long-term care can begin to stack up quickly. A successful claim through civil action may be a significant aid to the victims and their caregivers.

To make the case for one such recent claim, the plaintiff's lawyer used cutting-edge medical research to bolster his argument. The effort led to the 56-year-old man successfully settling his brain injury lawsuit with a construction company and its subcontractor.

The worker had been hurt by falling lumber in a March 2005 accident. Reportedly, the lumber fell three stories onto his head while he was at a construction site. The man, who worked as an air-conditioning, ventilation and heating technician, now has diminished mental capacity stemming from the concussion he suffered during the accident.

New research related to NFL concussion injuries helped solidify the man's case. By drawing on that research, the man was able to show that the single incident was responsible for all of his symptoms. The suit was settled for $5.1 million, which is a record high award for cases in the jurisdiction where the case was filed.

Normal workers' compensation may have been available in this case, but because the ongoing healthcare costs associated with a brain injury can be high and may continue for many years, the question as to whether the limits of that coverage would be enough was likely asked. It's the kind of question that anyone hurt in an accident should explore to be sure their rights are protected.

Source: Daily Herald, "DuPage brain-injury lawsuit settled for $5.1 million," Josh Stockinger, Nov. 9, 2012

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