7 Year Old Wins Verdict in Brain Injury Case
A settlement has been reached for a young boy whose brain injuries have left him permanently disabled. The boy and his family were driving in the family car when they were hit by another car driven by an intoxicated man who was returning home from a restaurant. Though all four members of the family were injured in the accident, the young boy was the most seriously hurt of the four.
The accident occurred about four-year ago when the injured boy was just two years old. His family filed a brain injury lawsuit on his behalf, which identified the intoxicated driver and the restaurant which over-served the defendant at fault driver as defendants. The attorney for the plaintiffs recovered a receipt showing that the drunk driver consumed no less than 23 alcoholic drinks in less than 2 hours at the restaurant.
Police reports supported that finding by showing that the driver’s blood-alcohol was more than three times the legal limit. The intoxicated driver was also convicted six prior times in two different states for drunk driving at the time of the accident and is awaiting trial on related drunk driving charges. The restaurant was held accountable as they have a social responsibility to provide alcohol in a way that does not harm their patrons or the public. Does anyone doubt the propriety of holding the restaurant liable in this case? After all, they over-served their customer to the point that he was 3 times the legal limit to driver and then they watched him get into his care and drive off. The restaurant, in my opinion, has gotten off easy.
Statistics show that over 50,000 automobile accidents occur in Atlanta and the rest of Fulton County each year. Flying wreckage and the impact resulting from crashes can cause a number of different kinds of head and brain injuries such as concussions, facial trauma, skull fractures, and subarachnoid hemorrhaging.
General damages in a personal injury action may be physical and mental pain and inability to work. Special damages are those damages that can be calculated as a result of a particular loss. Under Georgia law, a civil lawsuit for damages in which personal injury is involved must be brought in superior or state court. Georgia law provides that the proper place of trial in a case involving personal injury is the county in which the defendant resides when the lawsuit is filed. The courts in this county will have personal jurisdiction over the defendant and will be able to enforce a monetary judgment rendered against the defendant so long as the defendant is personally served with process (as opposed to service by publication, which is valid service but will not be sufficient service to enforce a monetary judgment against the defendant’s assets).
In the aforementioned lawsuit, the parents of the injured child sought compensation for the financial burden brought on by the brain injury, lost earnings, emotional trauma, mental anguish, and medical expenses. If you or a loved one have been injured in a car accident, you can contact me at (404) 525-5150 or online for a free and confidential consultation.