Plaintiffs who suffer from traumatic brain injuries that aggravate a pre-existing illness can recover damages for being involved in an accident that worsened their existing condition. This was the case of a ten-year old girl who suffered brain injuries after a car accident that ultimately lead to the aggravation of the existing disability. Our Los Angeles personal injury attorneys describe how this case evolved and how you can claim compensations in a similar case.
The M.C. vs. Victor Matthews Case
In the M.C. vs. Victor Matthews’s case, the Los Angeles Superior Court ruled that the plaintiff, a child who was already suffering from a learning disability, should receive a 10.7 million USD compensation for a traumatic brain injury
that aggravated her condition.
The plaintiff was injured in a vehicle accident
when her car was struck from behind by the defendant. The plaintiff’s arguments were that she suffered a permanent brain injury because of the accident. She was also suffering from a learning disability and was already identified as a special needs student.
In this case, the defendant was found 100% at fault. He tried to argue that the child was born with the disability, however, there were no records that she had been diagnosed with the said disability. The plaintiff’s initial claim was for 2,250,000 $ which the defendant refused and offered only 1,250,000. The plaintiff refused and the case was taken to court. After a two-day jury deliberation, the plaintiff was awarded 6,778,626 $ for economic damages and 4,000,000 $ for non-economic damages.
Claiming compensation for aggravated injuries
Californian courts allow for the award of large compensations if a pre-existing condition was aggravated in the accident. Nevertheless, plaintiffs must be able to prove that the accident itself was the actual cause of the aggravation of the condition. The help of a Los Angeles personal injury attorney
is important in these cases. He is qualified to advise you on whether or not taking the case to court will significantly increase your chances of obtaining a high settlement. This case demonstrates that plaintiffs can recover larger settlements if they take the case to court.