Brain Injury with Settlement in Excess of the Available Insurance Coverage

Joy Knight, a partially-sighted disabled individual who uses a white cane, was struck while crossing the street. She was knocked to the pavement and taken by ambulance to Harborview Medical Center. As a result of her brain injury, she required a craniotomy and experienced a cognitive disorder. The accident also resulted in temporomandibular joint problems, vertigo, and fear of traffic.

Before the trial, Nelson Langer Engle was able to achieve a mediated settlement which included the liability insurance limits of two hundred fifty thousand dollars ($250,000), in addition to one hundred eighty thousand dollars ($180,000) from the at-fault driver himself. Another feature of this settlement included a special needs trust. That trust allowed our client to invest part of her settlement so as to meet ongoing monthly expenses while maintaining her eligibility to receive governmental benefits. In addition, an up-front cash allotment allowed her to purchase a specially-suited condominium.

The liability insurance for this accident was not substantial enough to meet our client’s needs. However, Nelson Langer Engle’s expertise in the combining of insurance coverages, excess or extra compensation, governmental entitlements, and special settlement vehicles, such as trusts, allowed limited resources to be stretched and combined for maximum client benefit.