Many years ago, I represented an eighty one year old woman, who was hit by a truck in the middle of the cross walk. She was knocked over and hit her head on the roadway. She was taken to Staten Island University hospital and was admitted. A CT scan of the brain indicated a bruise on the brain. After three weeks, the bruise on the brain healed, and she was released from the hospital in apparently good condition.
We sued the owner and driver of the truck.
About a year later, my client started to show signs of dementia. The insurance company claimed that it was age related Alzheimer’s disease. I had to figure out how to prove that this dementia was caused by the accident.
I had my client undergo a second CT scan of the brain. The new CT scan indicted that the area of the brain bruise, shown on the first CT scan, had developed into encephalomalacia which is the softening or loss of brain tissue, and that her brain had undergone accelerated degeneration caused by the accident trauma.
With this new proof, the truck’s insurance company settled the case for approximately $1,000,000.00 which was a substantial settlement at that time.