Question: My son was in an automobile accident with an 18-wheeler. The truck driver admitted he was looking at his iPhone and music on his iTunes app at the time of the accident. He swerved into my son’s lane. My son’s car was pushed off of the road and it rolled down a steep ditch. He almost died. He was in a coma for three weeks. When he woke up, he could not move his legs (paralyzed from the waist down) because his spinal cord was injured, and he can’t think right because of a brain injury. The doctor has told us that he will need to undergo months of rehabilitation to try to walk again and for the complications from the brain injury. How does my son get the truck driver and truck company pay for his paralysis and brain damage?
Answer by Attorney Eric Hageman: In cases like your son’s, I first send a spoliation letter to the truck company to prevent the destruction of evidence. This is a critical first step after an accident involving an 18-wheeler or other commercial truck.
After taking time to investigate the accident, consult with medical experts about the injuries and analyze the evidence, we will present your claim – first to the insurance company and, if the case doesn’t resolve, to a jury. In both cases, we outline the evidence showing that the truck driver was at fault, the degree of injury and how the injury has adversely affected the accident victim’s life. We then ask for a certain sum of money to compensates for past, present and expected future expenses and losses resulting from the accident:
- hospital and other medical expenses;
- lost income;
- physical pain;
- disability;
- disfigurement, which it sounds like there was in this case;
- emotional distress;
- loss of quality of life; and
- other lawful damages.
Determining the expected future expenses, losses and pain and suffering is complex in traumatic brain injury (TBI) cases. Traumatic brain injury can cause any of the following:
- problems with balance and walking
- blurred vision
- loss of vision
- headaches
- trouble speaking
- trouble swallowing
- lack of bowl and bladder control
- motor impairment
- seizures
- sensory perception problems
- abnormal sleeping patterns
- personality changes
- trouble with language and communication
- memory impairment
- depression
- disorientation
- mood swings
- inappropriate behavior
- poor judgment
- poor reasoning
- short attention span.
It can take months for the full extent of the brain damage to be known. I hire a neurologist to help me with these kinds of cases. You should know that our law firm is not paid unless we win the case.
You can contact me with our free consultation form or by calling me at 1-888-377-8900 (toll free).
Attorney Eric Hageman is a member of the American Association for Justice (AAJ) Interstate Trucking Litigation Group. Eric represents accident victims nationwide. He and our team of semi truck accident lawyers have won millions for our clients.
