We recently represented a woman who slipped and fell at Rite Aid and sustained a MTBI.
We sent a demand letter to Rite Aid’s insurance carrier. The carrier tried to convince us the case wasn’t worth very much money because our client’s symptoms resolved pretty quickly and her doctors didn’t indicate she’d have future complications.
We explained to the carrier that our client’s brain had permanently changed because of the injury irrespective of whether there were any ongoing symptoms.
We provided studies confirming she was more susceptible to dementia, M.S., Parkinson’s Disease, PTSD, depression and COVID-19.
We also explained to the carrier that even just the fear of future health problems is compensable. And it’s really scary to know you’re more susceptible to dementia and a panoply of other conditions.
After the fall it was like there was a time-bomb in her head. There are two kinds of damages: (1) fear about it going off and (2) injury when it does go off.
We were ultimately able to elicit an offer of 14x our client’s treatment expenses. (The general “formula” for calculating case value is two to three times treatment expenses.)