The accident at issue occurred when the defendant truck driver changed lanes and collided with the vehicle in which minor child was a passenger. Minor’s mom was the driver, minor was a nine-year old third grader at the time of the collision.
After the accident, minor was rushed to King’s Daughter’s Hospital where he was stabilized and observed over three days. Next, he was transferred to Children’s Hospital where he was intubated, given sedation and placed in the ICU. Diagnosis was multiple head and facial fractures as well as traumatic brain injury. Initial findings were fractures of the frontal bones, frontal sinuses, left facial fractures, and non-displaced right sinus wall fracture.
Surgery was performed for all of the above. Thereafter, minor spent two weeks in rehab at NRH Rehab Hospital. Subsequent outpatient evaluations indicated that since the brain injury was to the frontal lobe, future impairment would include learning issues.
Medical expenses totaled over $400,000. Agency Insurance Company refused to fairly negotiate and as a result suit was filed. Several other plaintiffs, in another car, also filed suit. Total available insurance coverage for all parties was one million dollars.
A dispute over case value, as well as what percentage should be allotted to minor ensued. Ultimately, all the cases settled within the $1,000,000 policy, and over ninety-five percent of the policy went to minor, $969,000.00.
Parent and Legal Guardian of Minor Child vs. W. Bats.