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The Gold Law Firm secured a substantial settlement for a commercial truck driver who suffered a traumatic brain injury when his 18-wheeler was rear-ended by another tractor-trailer.
Case Overview
Our client was operating his commercial vehicle when it was struck from behind by another 18-wheeler. The force of the impact caused our client’s head to strike the windshield of his truck, resulting in a severe head injury. He was immediately transported to Regional One Hospital where he was diagnosed with a traumatic brain injury.
The COVID-19 Complication
Our client’s case presented a unique challenge due to the timing of the accident during the COVID-19 pandemic. As a commercial driver’s license (CDL) holder, he required clearance from a neurologist before he could return to work. However:
- Most doctors’ offices were closed or operating with severe restrictions during the pandemic
- Our client’s injuries had physically healed, but he could not obtain the required medical clearance
- Lost wages exceeded $80,000, primarily due to inability to obtain clearance rather than physical inability to work
Insurance Company Resistance
The at-fault driver’s insurance company initially refused to accept responsibility for the full lost wage claim, arguing that much of the wage loss was not directly attributable to the physical injuries. They failed to recognize that the medical clearance requirement was a direct consequence of the accident and the traumatic brain injury diagnosis.
Strategic Advocacy
Recognizing the injustice of the insurance company’s position, we demanded to speak with a supervisor. Through persistent advocacy and clear explanation of the causal connection between the accident and the entire period of lost wages, we successfully argued that:
- The traumatic brain injury was entirely caused by the accident
- CDL clearance requirements are mandatory safety regulations
- Pandemic-related medical office closures did not break the causal chain
- The entire $80,000 in lost wages was a direct result of the defendant’s negligence
Settlement Achievement
The supervisor agreed that the entire lost wage claim was attributable to the accident. The case settled for $205,000, with our client receiving more than $110,000 after attorney fees and medical expenses were paid.
Significance
This case highlights several important issues:
- Pandemic impacts on injury claims: COVID-19 created unique challenges for injured workers requiring medical clearances
- CDL clearance requirements: Commercial drivers face additional hurdles in returning to work after head injuries
- Lost wages beyond physical healing: Compensation should include all wage losses causally connected to the accident
- Value of escalation: Sometimes speaking with decision-makers above the initial claims handler is necessary for fair resolution
The Gold Law Firm Commitment
This case demonstrates our approach to:
- Recognizing unique challenges: Understanding industry-specific requirements and pandemic impacts
- Persistent advocacy: Refusing to accept inadequate offers and demanding review by appropriate decision-makers
- Causal connection arguments: Clearly establishing how all damages flow from the defendant’s negligence
- Fair compensation: Ensuring clients receive full value for all losses, including those complicated by extraordinary circumstances
Note: This case summary has been anonymized to protect client confidentiality. Each case is unique, and past results do not guarantee future outcomes.
