Overview

A single mother in her 30s suffered a spinal cord injury and traumatic brain injury after being thrown from an ATV and striking a tree. Claims involving uninsured motorist coverage and catastrophic accident benefits were pursued, resulting in a combined $2.3 million settlement.

Key Takeaways

  • Settlement amount: $2.3 million
  • Accident type: ATV crash
  • Primary injuries: Spinal cord injury and traumatic brain injury
  • Long-term impact: Permanently unemployable and requires substantial daily assistance
  • Notable legal issue: The ATV driver was uninsured
  • Accident benefits claim: Catastrophic level statutory accident benefits
  • Benefits received: Attendant care, income replacement, housekeeping, and home maintenance benefits
  • Rehabilitation: Assistance assembling a rehabilitation team
  • Resolution method: Accident benefits claim and lawsuit settled together

The Case

Our client, a single mother in her 30s, was wearing a helmet while riding as a passenger on an ATV when the driver lost control. She was thrown from the vehicle and struck a tree with her face, suffering both a spinal cord injury and a traumatic brain injury.

Her injuries had permanent consequences. She was left unable to work and required substantial daily assistance with activities of daily living. Because the ATV driver was uninsured, Oatley Vigmond sued the client’s own insurance company under her uninsured motorist coverage and assisted with a claim for catastrophic level statutory accident benefits.

Oatley Vigmond also assisted the client in assembling a rehabilitation team and obtaining substantial ongoing attendant care, income replacement, housekeeping, and home maintenance benefits. The accident benefits claim and lawsuit ultimately settled together for $2.3 million.

Why It Matters

This case involved two severe injuries that permanently affected the client’s ability to work and independently complete activities of daily living. Her ongoing needs included rehabilitation, attendant care, income replacement, and assistance with housekeeping and home maintenance.

The $2.3 million resolution combined the accident benefits claim with the lawsuit involving her uninsured motorist coverage.