Traumatic Brain Injury Case Results in a Million Dollar Recovery

Published

The Marasco & Nesselbush litigation team recently obtained a seven-figure settlement in a personal injury case involving a Rhode Island woman who was struck by a motor vehicle while walking along the side of a roadway. Our client suffered significant injuries, including a traumatic brain injury. Her head injury was so severe it required a craniotomy and initially left her in a coma. Soon after the accident, the family reached out to M&N and began their legal journey.

The insurance company involved acknowledged the catastrophic nature of our client’s injuries; however, they denied that they were responsible for paying out a large insurance policy because of a coverage issue. Hiding behind their policy language, they offered a total of $25,000 to compensate our client. The case was taken to court. From there, it was a litigation process filled with written discovery and depositions. The litigation team which included Partner Joe Marasco, Attorney Tim Lynch, Attorney Anthony Buglio, Paralegal Sara Nolasco and Legal Assistant Selena Fortes worked tirelessly in the pursuit of justice. Ultimately, the matter was heard in the Rhode Island Superior Court.

Attorney Lynch presented an argument to the judge that the insurance contract was misleading, ambiguous and that its ambiguous language should be interpreted in favor of, and not against our client. The judge ruled in our favor. Soon thereafter, the three-year legal battle came to an end, with a just policy limit resolution. Although the finest legal care could not erase our client’s suffering, our team held the negligent operator accountable and obtained terrific financial security for our client and her family.