Keches Law Attorneys Andrew Abraham and Sean Kiely settled a case for $1.25 million on behalf of their client after a metal section of a door fell on him, causing a traumatic brain injury.
The injury occurred in October 2014, when our client was entering a nursing home. When he opened the door, a piece of metal from the magnetic locking system came loose and struck his head. He was taken by ambulance to the emergency room, where he was assessed for the head injury. Advanced neuroimaging found the white matter tracts in his brain were damaged, and he had pituitary dysfunction, a common consequence of brain damage.
Holding the Right Parties Accountable
After the accident occurred, it was difficult to determine who exactly was at fault.
Initially, he sued the general contractor and the electrical contractor for the installation of the locking system, but a third contractor was added to the lawsuit shortly afterward, when expert review determined they were the one who installed the lock.
Multiple doors at the nursing home had loose plates, and incorrect hardware was used to install the metal plates, which were also not properly glued in place. Expert review determined that the installation violated good and accepted practices.
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What is a Traumatic Brain Injury?
Traumatic brain injuries, or TBIs, are far more common than you might think, and they come with a wide variety of symptoms—and you don’t necessarily have to hit your head to experience one.
A traumatic brain injury can be caused by a forceful bump, blow, or jolt to the head or body or from an object that pierces the skull and enters the brain (like a bullet). But other common ways to experience one is during a fall or car accident, with the TBI occurring because of the whip of the head.
The Science of Mild Brain Injuries
This case is a good example of how mild TBIs don’t always show up on tests. More advanced testing is sometimes required. For example, our client never lost consciousness or suffered from amnesia and was able to return to work soon after the incident. Because of that, the defense tried to argue that he didn’t suffer a concussion and didn’t have post-concussive syndrome.
In addition to the medical reports our client produced, he was also able to bring witnesses including coworkers who described how different he was after the accident.
“This case shows the importance of advanced neuroimaging in illustrating a client’s injuries from a mild traumatic brain injury,” Kiely says. “Especially when the client does not have lost wages and has not missed work because of their injuries.”
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The Settlement
After a long mediation, the case settled in April 2023, only a few weeks before the trial was scheduled to begin. Our client was awarded $1.25 million.
Keches Law Can Help
Keches Law Group has a dedicated, experienced team of Personal Injury and Workers’ Compensation attorneys who are here to help you whether you suffer from a traumatic brain injury or any other type of injury.
Contact us if you need a personal injury lawyer.
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