Overview
Oatley Vigmond represented a nine-year-old boy who sustained fractures to his legs, a degloving injury, and a mild traumatic brain injury after being struck and pinned against a wall by a motor vehicle. The client’s tort and accident benefits claims were successfully resolved at mediation for $2,425,000, with a significant portion of the settlement placed into a structured settlement.
Key Takeaways
- Settlement amount: $2,425,000
- Accident type: Pedestrian accident
- Primary injury: Mild traumatic brain injury
- Additional injuries: Lower body fractures and a degloving injury to the leg
- Resolution method: Settlement at mediation
- Notable legal issues: Medical evidence distinguishing accident-related impairments from a pre-existing medical condition; tort and accident benefits claims
- Medical treatment: Not specified
- Long-term impact: Structured settlement designed to provide long-term financial support
- Compensation structure: $1,739,000 placed into a structured settlement projected to pay more than $4,451,000 tax-free by age 80
The Case
Our client was nine years old when he was struck by a motor vehicle while walking in front of it. The impact pinned him against a wall, causing fractures to his lower body, a degloving injury to his leg, and a mild traumatic brain injury.
Before the collision, our client had experienced challenges at school because of a pre-existing medical condition. Oatley Vigmond retained medical experts who were able to distinguish the impairments caused by the collision from those related to his pre-existing condition. This evidence played an important role in advancing his claims.
The client’s tort and accident benefits claims were successfully resolved at mediation for $2,425,000. At the family’s request, $1,739,000 of the settlement was placed into a structured settlement. By the time the client reaches 80 years of age, the structure is projected to pay him more than $4,451,000 on a tax-free basis.
Why It Matters
This case demonstrates the importance of carefully evaluating how a serious accident affects a child when pre-existing medical conditions are also present. Medical expert evidence can help distinguish accident-related impairments from conditions that existed before the injury.
The result also highlights the long-term benefits of structured settlements for young clients. By providing guaranteed tax-free payments over time, a structured settlement can help support future financial needs throughout adulthood.