Brain Injury, Loss of Consortium Damages and Settlement Annuities

Details:

Lillia Smith*, a married 37-year old with three children, worked as a pediatric nurse. Her vehicle was rear ended by a dump truck, causing her injuries including traumatic brain injury, spinal lesions, urinary incontinence, tinnitus, and a loss of libido. Ms. Smith was unable to return to work.

In this case, as many, also appreciably victimized are the spouse and children, who suffer compensable losses termed “loss of consortium” damages. Nelson Langer Engle takes pride in emphasizing the independent damages of these individuals. Through negotiation on behalf of the Smith family, a pretrial settlement of two and one-half million dollars ($2,500,000) was achieved. Actually, the long-term payout will be considerably greater by virtue of placing a portion of the settlement into a structured settlement annuity. Such annuities allow guaranteed, tax-free investment profits to be paid out at specified times in the future or for life. For instance, for the Smith children, college and early adult financial needs were able to be incorporated into the settlement by Nelson Langer Engle. Accordingly, the long-term needs of the entire family can be met by combining aggressive case development along with engineered financial programs in the settlement process.

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