Legal Question in Personal Injury in Ohio

Final nurologist diagnosis...Perm brain damage-Question about settlement

I had a 115 table fall from a wall where the employees of this large business placed it and hid it behind a curtain. It fell and hit me on the head and knocked me out. After 4 MRI`s a PET scan, an EEG, four months of physical therapy and five cat scans I was just told by my Nuro. That I have scar tissue on my brain and perm damage done. I was also told That I have to stay on Zonegram, and other medications for the rest of my life in order to stop the siezures and crippling migranes caused from the accident. The EEG came back abnormal and showed blockage in my brain where I was hit. I have horrible pain in my neck, head and back and even my right leg,all from the brain injury, I also have siezures from it as well if I dont take the zonegram. My question is...what kind of settlement do you think would be offered to me for this? The MRI`s showed no physical damage and thus all the pain and problems are coming from the brain damage.

Asked on 9/14/02, 11:31 pm

3 Answers from Attorneys

Michael Brandabur Brandabur Law, LLC

Re: Final nurologist diagnosis...Perm brain damage-Question about settlement

The value of any settlement is unique to the facts and circumstances of the case. This would be especially true in your case, due to the significant injuries you have suffered. A fair value will depend on a multitude of factors. To get a fair evaluation, I strongly urge you consult with an attorney.

Good luck.

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Answered on 9/15/02, 1:57 pm
David Weilbacher, Esq. Attorney at Law

Re: Final nurologist diagnosis...Perm brain damage-Question about settlement

There are a number of factors to consider when determining the value of a claim. The seriousness of your injuries certainly warrants a significant settlement. What were your total medical bills? How much time did you miss from work? Have you been able to return to work in the same capacity as before the accident? Have you been contacted by the insurance company for the restaurant? As you can see, there are a number of questions that need to be addressed, and the above are just the beginning.

Most importantly for now, when did this accident occur? If it is necessary to file a lawsuit, the law requires that it be filed within two years of the accident.

Given the seriousness of your injuries, I strongly encourage you to speak to an attorney. If I can be of service, please do not hesitate to contact me. Good luck.

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Answered on 9/17/02, 2:49 pm
Brian Halloran Brooking and Halloran, PLLC

Re: Final nurologist diagnosis...Perm brain damage-Question about settlement

Adding to Mr. Brandabur's and Mr. Weilbacher's comments. Don't forget that you still have to prove liability on the business to have their insurance company offer anything. Likewise, if you file suit, you must establish liability. An attorney can look at the facts and give you an answer on this.

You have substantial damages, including medical bills (past, present and future), lost wages (past, present and future), impairment to your ability to earn a wage, impairment to your lifestyle and happiness, pain and suffering, and others. Especially when dealing with a traumatic brain injury such as yours, the measure of damages is tricky and possibly very large. Further, statistically speaking, other more debilitating diseases and repurcussions may occur years from now due to the closed head trauma you suffered. Only a skilled attorney with skilled experts backing him up (ie: vocational and medical experts) can truly evaluate this claim and give you an opinion. Please call if you have more questions. Best of luck. I hope you heal fully.

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Answered on 9/17/02, 3:06 pm

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