As ABRAMS LANDAU, Ltd is presently preparing to try a case involving a crash caused, in part, by a disabled vehicle, Prince William and Loudoun County car crash lawyer Doug Landau noted with interest this case report from Manassas, Virginia. In this ace, the plaintiff minister was driving south on Sudley Road in Manassas. His vehicle was hit by an automobile driven by the defendant Defendant when defendant tried to drive around a disabled Pizza Hut delivery vehicle. The plaintiff’s head hit the windshield of his car. He went to the hospital, had a CT scan and was released. He was taken back to the hospital 3 days later because of painful headaches, an inability to wake him, loss of balance and loss of coordination. Another CT scan was done. A subdural hemorrhage, midline shift of the brain, compression of the left hemisphere of his brain and uncal herniation (a herniation that occurs in the innermost part of the temporal lobe) were found. An ambulance took him to a University of Virginia Health System hospital where he had brain surgery. He spent approximately 100 days in the hospital, a month at a rehabilitation hospital and three additional weeks at a nursing facility.
The plaintiff alleged permanent brain damage as a result of this accident. He claimed that, six weeks after surgery, he could not speak intelligibly, was violent and had to live in a zipped tent for protection. He also claimed that a brain scan nine months after the accident showed dead brain tissue (encephalomalacia) in two areas of his brain. Plaintiff’s speaking ability was back to its normal level four years after the accident, but he still stuttered significantly. He claimed difficulty with language and communication, which were once his strengths. He also asserted that he had significant cognitive slowing from his brain injury.
Defense counsel contended that plaintiff’s age, medications and preexisting medical conditions contributed to his cognitive slowing. The defendant denied that all of plaintiff’s damages were related to the auto crash. Landau notes that insurance defense counsel will often deny that the defendant’s negligence "caused" all the injuries and losses claimed by the plaintiff. According to TBI and permanent disability lawyer Landau, this "causation" defense is a common strategy in catastrophic brain injury cases. At this trial, the innocent plaintiff with the permanent brain injury won a significant jury verdict. A Prince William County jury awarded plaintiff $3,317,744, which included $717,745 in pre-judgment interest and $650,000 for past and future medical bills.