Personal InjuryTraumatic Brain Injury $2,750,000
Plaintiff sustained a closed head injury in a retail store. The accident happened when an item fell from the shelf of defendant’s store onto the plaintiff’s head. We alleged that a store employee caused the item to fall from the shelf when the store employee negligently retrieved an adjacent product. The impact initially dazed the plaintiff, but did not leave a mark.
The difficulty in the case was proving the severity of the impact and linking it to the plaintiff’s subjective complaints of headaches and memory loss. The injury could not be seen; we had to prove changes in plaintiff’s outlook and functional capacity. As experienced personal injury lawyers, St. Louis, MO based, we knew that extensive preparation was necessary to win this case.
We hired nine expert witnesses to testify on behalf of the plaintiff. We retained a retail expert to give an opinion that the retail store was negligent (1) because it displayed a heavy item vertically, (2) on a shelf over five feet off the ground that (3) had no guardrail to keep taller and heavier items from tipping over and hitting customers, like plaintiff.
We also hired an ER physician, a neurologist, a psychiatrist, a neuro-psychiatrist, a psychologist, an economist to prove future wage loss, a vocational rehabilitation specialist, and pain management physician. We proved plaintiff suffered a closed head injury with permanent limitations of functional capacities, major depressive disorder, attention deficits, memory difficulties, and various other neurological impairments. Good personal injury attorneys make sure all of the bases are covered.
On the first day of trial, after we proved we were ready to try the case, we received a combined $2,750,000 settlement from the defendant’s insurance company and the defendant’s excess insurance company.