Our client received a $14 million settlement money after a series of brain surgeries was required following a rollover accident where the defective vehicle roof failed to protect the victim.
This case exemplifies how car accidents result in not just one but a series of complex surgical procedures, amounting the costs to hundreds of thousands of dollars.
At The Law Offices of Sean M. Cleary we've handled numerous cases where motor vehicle accident victims needed a sequence of brain surgeries over time.
Through this case study, we'll explore:
- The series of surgeries our client required and why multiple procedures are common
- Actual costs associated with each surgery and long-term care
- Steps to ensure complete coverage for all necessary surgeries in Florida
The $14 Million Settlement Case
Life changed forever for our Miami client during what started as a routine drive when his vehicle rolled over, and the roof - designed to protect him - failed catastrophically. The roof of his car collapsed directly onto his head because of its defective A-pillars and resulted in an impact that triggered blunt force trauma to his head, which led to an immediate need for emergency medical intervention.
His treatment journey:
- He was in emergency surgery within hours of the accident
- Multiple operations were done to repair skull damage
- Additional surgical procedures were made to prevent complications
- Then reconstructive surgeries were made for structural repairs
Each surgical procedure required:
- Extended hospital stays
- Intensive care monitoring
- Post-surgical rehabilitation
- Specialized medical equipment
- Professional nursing care
- Ongoing medications and treatment
The $14 million settlement reflects not just the extensive surgeries already performed but ensures coverage for additional procedures and ongoing care needed throughout his life.
Why Brain Injuries Often Require Multiple Surgeries
After years of representing victims of accidents resulting in catastrophic injuries in Florida, we've learned that in brain injury cases, multiple surgery is needed over time, such as:
Initial emergency procedures:
- Surgery to reduce brain swelling
- Operations to stop internal bleeding
- Procedures to repair skull fractures
- Emergency interventions to prevent further damage
Follow-up surgeries:
- Reconstructive procedures
- Operations to address complications
- Additional surgeries to repair skull defects
- Procedures to manage long-term effects
However, insurance companies typically resist covering multiple surgeries; most usually argue that only the initial emergency procedure is necessary.
The Financial Reality of Brain Surgery
The cost will definitely pile up, especially when there are multiple brain surgeries involved, which also usually extends far beyond the operating room. In Florida, brain injury patients face the following expenses:
Hospital-related costs:
- Extended ICU stays
- Round-the-clock medical monitoring
- Specialized medical equipment
- Post-surgical medications
Rehabilitation expenses:
- Physical therapy sessions
- Occupational therapy
- Speech therapy when needed
- Cognitive rehabilitation
Securing Your Rights After Brain Injury
As a brain injury victim in Florida, you have specific legal rights to help cover the extensive costs of multiple surgeries. However, timing is crucial - Florida law allows you to file a claim only four years from the date of your accident.
What Insurance Should Cover
Economic damages:
- All surgical procedures - current and future
- Hospital stays and intensive care
- Rehabilitation therapy
- Medical equipment and medications
- Lost wages during recovery
- Lost earning capacity
Non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of ability to perform daily activities
Steps to Protect Your Rights
Immediate actions:
- Seek immediate medical care
- Document all medical procedures
- Keep records of all expenses
- Contact a catastrophic injury attorney.
- Don't sign any insurance settlements without consulting an attorney
Common insurance challenges:
- They attempt to limit coverage to initial surgery only
- They resist covering future procedures
- They always dispute claims on necessary treatments
- Early settlement offers that don't account for future needs
What Will The Law Offices of Sean M. Cleary Do for You?
Miami is the fifth most congested urban area nationwide and sees some of the highest numbers of catastrophic car accidents in Florida, 8% of which end up in a rollover, 20% of which result in serious traffic injuries, and 30% resulting in death. In fact, nearly 550 vehicle rollovers occur as fatal accidents in Florida, according to the National Highway Traffic Safety Administration.
These cases usually lead to extensive surgical procedures, which then result in debilitating injuries, physical and emotional pain, and overwhelming medical costs.
- We have vast experience handling and dealing with car accidents
- We thoroughly investigate the vehicle that caused your accident and injuries
- We know how to determine what type of vehicle defects are responsible for the crash
- We enjoy the benefits of working with car accident reconstructionists and specialists, as well as other experts, to establish liability
- We precisely document all surgical procedures and related costs with the help of medical specialists
- We're experts in negotiating fair settlements with insurance companies to cover all necessary surgery and medical expenses
If you or a loved one required brain surgery after a car accident in Miami or the State of Florida, don't hesitate to contact us. Sean M. Cleary is a dedicated car accident attorney who will guide you through the entire legal process.
The Law Offices of Sean M. Cleary has been helping individuals in catastrophic car accident injuries and wrongful death cases across Florida over the past 2 decades. We will advocate on your behalf to ensure you receive the compensation that covers all your surgical procedures and puts your life back on track.