Ohio TBI Lawyer Traumatic Brain Injury
Columbus, Ohio
Traumatic Brain Injury
We represented the parents of a fifteen-year-old boy who suffered a traumatic brain injury in a single vehicle collision in which three other passengers were injured. A lawsuit was filed in order to determine how the inadequate limits of the driver’s available liability insurance coverage should be equitably divided among the passengers. We also presented an underinsured motorist claim against the automobile insurance policy maintained by the parents. After recovering the available limits of the automobile insurance coverages, we established a guardianship of the boy’s estate with the local probate court. We also persuaded the health insurance company that paid substantial medical bills on behalf of the boy to waive its right to be reimbursed from the proceeds of the boy’s settlements.
Wrongful Death
We represented the executor of the estate of a forty-five year old woman who died after suffering a heart attack. At the referral of the family’s lawyer, and with the approval of the local probate court, the executor hired Robert W. Kerpsack Co., L.P.A. After consulting with medical experts, we filed a wrongful death lawsuit alleging medical malpractice on behalf of the deceased woman’s husband, children, mother, and siblings. In the lawsuit, we alleged damages for the woman’s funeral and burial expenses, the profound mental anguish suffered by the woman’s family, and the family’s losses of financial support and household services. We also alleged damages for the woman’s conscious pain and suffering prior to her death. The defendants and their insurance companies contested liability. More than four years after the woman’s death, a jury trial was commenced. During the trial, we presented the testimony of nine physicians and eight lay witnesses on the issues of liability and damages. The parties eventually resolved their disputes, and the lawsuit was dismissed.
