A woman was driving when her car was suddenly struck head-on by another driver, a female, who was recklessly speeding to pick up her child at school. As a result of the automobile crash, the victim was injured, suffering a severe head injury, along with a facial injury. The victim was examined by doctors and given diagnostic testing to determine the extent of her injuries.The victim had undergone a specialized type of MRI, known as MRI with Diffuse Tensor Imaging. This scan showed doctors how the flow of water through the white matter in her brain indicated there was damage to the brain’s axons and neurons. Doctors diagnosed the woman with mild traumatic brain injury.
The victim turned to the personal injury attorneys at Raphaelson & Levine for help. After we examined the circumstances surrounding the head-on car accident, we determined the victim had strong grounds for a personal injury case.
The defendant and her husband, who is a successful doctor in New York, aggressively fought the victim’s claims to try to protect themselves. Attorneys Howard Raphaelson and Andrew Levine, with the help of our entire legal team, tirelessly advocated on behalf of the victim to ensure she received justice for her injuries and suffering.
In May 2019, our attorneys were able to secure justice on the courthouse steps just as the case approached trial. We were able to deliver a $2,200,000 settlement for the victim to ensure she receives the proper medical attention and care she needs. We effectively proved that someone who sustains an injury to the brain should not have that injury marginalized because it was diagnosed as a mild traumatic brain injury. The word “mild” is often a misnomer because it is defined by the injured person having a brief change in mental status (or a loss of consciousness) for under 30 minutes - it does not determine the extent of the injury nor does it predict how the injury will affect the person for the rest of his or her life.
Any head injury is a life-altering event because the brain doesn’t function exactly the way it did before. Changes could be significant or they could be subtle. Many mild traumatic brain injury survivors have persistent physical, cognitive, or emotional symptoms post-injury, which can change or evolve over time. These symptoms can affect a person’s daily routines, including their ability to do their jobs the way they did before.
It is an honor and privilege for the legal team at Raphaelson & Levine to be the voice of the injured in the New York personal injury community. In this case, attorneys Howard Raphaelson and Levine ensured this wonderful person, a professor, and nurse practitioner will be compensated for all the past suffering she’s endured, along with any additional suffering and economic loss she could face in the future.