John A. DeGasperis, Esq. is a partner at Basch Keegan & Spada, and he has recovered more than $10 million dollars for victims of traumatic brain injuries. This case was no different.
John’s client, twenty-eight years old, was riding his motorcycle on Ulster Avenue in Kingston when another driver failed to yield right-of-way by turning left. The crash occurred at a low speed because the motorcyclist was vigilant and took evasive action. There still resulted in an impact that caused the motorcyclist to fall off his motorcycle. He was wearing a helmet, which prevented the motorcyclist from suffering severe brain trauma. He nonetheless suffered a mild traumatic brain injury.
After the crash, the motorcyclist was taken to the emergency room where he complained of headaches, neck pain, and lower back pain.
Prior to the accident our client had epilepsy, but it was under control with medication. After the accident, the motorcyclist’s condition declined as he saw an increase in seizure activity. He also suffered from post-concussive headaches. Despite the decline in his overall condition, the motorcyclist continued to work full-time and received very little medical treatment.
“Traumatic brain injury cases present significant challenges. They are harder to settle or bring to trial because brain injuries can be hard to prove.” John hired a neurologist to review the facts of the case. According to the CDC, there were approximately 214,110 TBI-related hospitalizations and over 69,000 TBI-related deaths in the United States in a single recent year, more than 586 hospitalizations and 190 deaths every day. Research consistently shows that 75, 80% of all TBIs fall into the “mild” category, meaning injuries like the one suffered by John’s client are among the most common yet most difficult to substantiate through standard diagnostic imaging alone.
“I see TBI cases differently,” explains John. “Every personal injury lawyer wants the easy cases with broken bones. Those cases are easy because diagnostic imaging proves the injury. Closed head injury cases are not usually supported by diagnostic imaging. The lawyer must essentially prove an invisible injury.”
John understands this struggle more than the average personal injury attorney. John’s late father was a victim of a brain injury after a stroke. He witnessed firsthand the struggle a brain injury has on the victim, and the family. His father was told there was no injury when there clearly was. He knows how family will often be the victim’s advocate and be the ones who articulate the injury.
The expert hired by John was crucial in our client’s case. After years of litigation, the insurance company finally rendered a six-figure settlement that our client accepted.