Brian Turner was proceeding thru an intersection in his chevy van when a driver failed to yield the right of way and crossed directly into his path. Turner crashed into( T Boned) the side of the vehicle.
This, so far, sounds like a typical intersection collision. However, unlike most accidents in which people injure their neck, back, or extremities, Turner suffered a stroke. Turner’s doctors opined that the seatbelt bruised the carotid artery, creating a clot that later broke loose and caused the stroke.
As is usually the case, the insurance carrier conceded nothing, and hired a doctor to testify that Turner’s stroke was caused by cocaine and/or high blood pressure. An Ultrasound taken after the accident showed the bruising, however the defense expert never reviewed it, or the cat scan.
The jury found that the car accident proximately caused Turner’s injuries and awarded $85,693 for past medical costs, $14,306 for future medical, $400,000 for past pain and suffering and $1.35 million for future pain and suffering, bringing the total to $1.85 million.
The insurance company made a poor decision in not settling this case. The Plaintiff suffered injuries that left him permanently and totally disabled.
Additionally, the doctors testifying on behalf of the Plaintiff were treating doctors that he sought for prevention of a second stroke. These were not doctors that routinely testify in auto cases, but rather are Doctors that are in the business of treating and preventing strokes.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.