Erie Injury Lawyers Report: Head Injury Limited Tort Settlement of 135K

This was a case referred to us by another Erie injury lawyer because of its complicated factual background. Not only was the client subject to the Pennsylvania limited tort option, but the at-fault driver was a government employee (thus implicating the Pennsylvania Political Sub-Division Tort Claims Act) and the most significant Pennsylvania car accident injury was post-concussion syndrome, an injury that requires some experience to properly prepare and present in a Pennsylvania injury case.

The accident was pretty straightforward. The client was travelling east on Westlake Road near the intersection of Clifford Drive in Erie, PA. The at-fault driver was operating a snowplow north on Clifford Drive and failed to stop at the STOP sign, colliding with our client. So, proving fault in the accident was not a problem.

However, our client did not immediately seek treatment (always a problem). Instead, she ignored her various aches and pains, figuring they’d get better. The next day, she felt worse. She went to her chiropractor. The chiropractor treated her for back pain and referred her to medical doctors for her other problems. Initially, treatment focused on her back, including physical therapy and cortisone injections. When she began to report strange balance problems, it was originally believed that she might have an ear infection. More studies revealed that, in fact, the Pennsylvania car accident had led to a group of head injury symptoms called “post-concussion syndrome.”

The problem with the case? Government drivers get special immunity. Plus, our client had elected the limited tort option. The two things together meant that we had to show more than fault and injury — we had to show that the injuries were severe or permanent. On top of that, the treatment and diagnosis of the head injury was delayed (as they often are). These things, together, meant that the insurance company for the defendant had ample room to create confusion and cause delay.

We worked carefully with our client and with the treating doctors to build a record that convinced the Pennsylvania insurance company that they were at risk of a significant verdict if the case went to trial. The case settled pre-trial.

Head Injuries from Pennsylvania Car Accidents

If you’ve suffered a head injury in a Pennsylvania car accident, the most important thing you can do is seek prompt medical care and follow your doctor’s advice. Do not delay and do not assume that your symptoms will just get better.

If you would like a free consultation with a Pennsylvania injury lawyer who has experience handling post-concussion syndrome and other head injuries, call us today for a free consultation: 814-273-2010/814-273-2010. There are no strings attached to our consults and we do not charge a fee for representing our head injury clients unless we recover money for them.

Awarded: $135,000