Case Study - Co-Occurring Physical/Cognitive Disability

Bus Collision Results in Significant Loss of Earning Capacity for Aspiring Middle School Student

NATURE OF CASE: Litigation resulting from a bus collision with trees.

OUTCOME: Case settled for over $3.95 million.

ATTORNEY: Darren Aitken and Michael Penn of Aitken, Aitken & Cohn, 3 MacArthur Place, #800, Santa Ana, CA 92707, (714) 434-1424, represented the plaintiff.

ATTORNEY COMMENT: “The difficulty in this case was to meaningfully show a loss of future earnings for a plaintiff who suffered a mild brain injury and yet earned straight ‘A’ grades in honors classes both before and after the incident. Simply put, the plaintiff’s brain injury did not negatively impact his overall intelligence....Mr. Andersen’s careful analysis together with thoughtful and articulate testimony regarding the impact of plaintiff’s injury over time as well as how he would be viewed by prospective educators and employers was critical to persuading an award of significant damages for Plaintiff’s future loss of earnings.”

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