Case Studies:
Automobile Injury: Orthopedic
Injuries and Structured Settlement Annuity for Lifetime Care Need
Jorge Hernandez*
was a 62-year old married man on his way to work when a commercial
van pulled out in front of him. The ensuing collision caused Mr.
Hernandez a fractured tibia requiring external fixation. He developed
a chronic compartment syndrome in the lower portion of that leg,
and also suffered several fractured ribs. Ultimately, Mr. Hernandez'
leg injuries required three surgeries, and he was left with a significant
permanent partial disability (or impairment rating) and appreciable
future medical needs.
Nelson Langer Nelson achieved a pretrial settlement
of one million one thousand five hundred dollars ($1,001,500) for
Mr. Hernandez and his wife, who suffered personal loss of consortium
damages. Because a significant portion of the settlement was placed
in a structured settlement annuity, the lifetime payout of the settlement
will be much greater. The regular, tax-free payments will provide
salary replacement for Mr. Hernandez along with sufficient funds
for his future anticipated medical treatment. The up-front portion
of the settlement allowed Mr. Hernandez and his wife to relocate
to a more user-friendly home to accommodate his disability.
Nelson Langer Nelson will often utilize special
experts to develop and portray the disability and impairment aspects
of their serious injury cases. A key to the successful evolution
of the Hernandez case was the demonstration of Mr. Hernandez' work
disability and ongoing impairments around the home.