Young Man Permanently Disabled in Wreck With Company Truck

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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

On a summer afternoon, our client, a 20-year-old man, was a passenger in a pickup truck on a highway. A company’s heavy duty pickup truck used in industrial  contracting, driven by an employee, crossed the center line and struck the vehicle our client was in. The front passenger section, where our client was sitting, was crushed in the head-on collision. Our client survived this horrible truck accident, but he sustained life-changing and disabling injuries.

Client Needs Extensive Medical Care to Recover After Truck Accident

Our client received emergency treatment immediately after the wreck and was admitted to the hospital. In the accident, he suffered a broken back that required surgery and the placement of hardware. The damage to his spinal cord resulted in permanent paraplegia. He sustained multiple facial fractures, which also required surgery. After his release from the hospital, our client spent months in a rehabilitation facility. While he was at the rehabilitation hospital, a blockage was found that led to emergency bowel surgery and placement of a colostomy.

He is required to self-catheter, and he has ongoing problems with urinary leakage, reproductive issues, and erectile dysfunction that is non-responsive to medication. The client also developed depression and emotional problems after his injuries. He continues to suffer with neurogenic bowel and bladder issues and must manage a permanent colostomy. Although removal of the colostomy was discussed with his doctors, they recommended against it.

Our client, a U.S. citizen of Honduran background, had limited education and had worked largely in jobs involving heavy manual labor. He had been working in manual labor jobs prior to the accident. With the extent of his injuries, his doctors restricted him from returning to similar work, and his prognosis for an eventual return to work is poor. Before the accident, he enjoyed playing soccer, swimming, running, and wrestling. After the accident, he needs help with basic daily activities such as dressing, cooking, moving around, household chores, and transportation. He is in constant pain.

Neblett, Beard & Arsenault Makes Sure Client Has the Support and Resources He Deserves

The client needed help with his legal case and was referred to Neblett, Beard & Arsenault, by another attorney. The referral lawyer knew we had prior experience in successfully handling trucking cases and was familiar with the on-scene investigation that needed to be expedited, ECM data, and the many experts needed to bring such a large case to trial. We met with the client in the hospital after his surgery. The client was afraid and unsure of what would happen to him. We helped get him transferred to an in-house rehabilitation hospital where he could get appropriate care. After the client was released from a several-month stay at the rehabilitation hospital, we helped to arrange nursing and home healthcare. We also assisted in bringing the client’s mother to the U.S. from Honduras, so she could be with her son. The life changes and legal process were very hard on the client, but we made sure that he got the care, information, and support he needed.

The client’s medical situation was extensive and complex. We knew that for the company to be held fully accountable for the accident, it must pay for the extensive medical care the client needed to recover as fully as possible from his life-altering injuries. The company that operated the heavy truck that caused the accident was a very large company with the resources to fight our client’s claim. We expedited court filings, so evidence at the scene would be preserved and the trucks involved in the accident would not be moved. We arranged for an expert to obtain and preserve “black box” data from both trucks.

Many experts were used in the client’s case, including experts in neurosurgery, gastroenterology, commercial motor vehicles, accident reconstruction, engineering, vocational rehabilitation, life care planning, economy, and others. The defense offered no money in settlement before mediation. The defense argued that the other driver was speeding and did not take appropriate evasive action. The defense also argued that the dollar amount was too much, the inflation rate was too high, and that the client didn’t need all the medical care in his life plan.

Ultimately, the case went to mediation and settled in our client’s favor for a confidential amount that compensated his past medical and attendant care expenses, loss of past and future wages and earning capacity, pain and suffering, and future expenses. We helped the client use part of the settlement to set up a structured annuity that would provide money for the rest of his life.

Accidents change lives, and seriously injured victims deserve compensation when they have been hurt by another person’s negligence. If you have questions about something that happened to you or a family member, contact the experienced attorneys with Neblett, Beard & Arsenault today for a free case review. You can also call us directly at 800.256.1050.

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