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Cok Kinzler PLLP

Family sues to get to bottom of what caused woman’s brain injury

Oftentimes, liability or negligence cases in Bozeman involve circumstances that cross over into the realm of criminal law. In such cases, those involved often choose to allow the criminal investigation into their cases occur while waiting to pursue any sort of civil action. Sometimes they may be left disappointed if no charges are brought as a result of these investigations. They then may choose to pursue the only method of recourse they have left, which is to file a civil claim against those they believe to be responsible for the consequences that their cases produced. While any compensation earned through such action may be helpful, their ultimate motivation may be to uncover the truth that earlier investigations could not.

Such was the stated purpose of the action taken by a New York family after their daughter suffered a serious brain injury under what they believe to be suspicious circumstances. According to the account given by her boyfriend at the time, he discovered her lying unconscious outside of his home after having slipped on ice. When he tried to pick her up, he claims to have dropped her, causing her head to hit the ground. Yet subsequent assessments by doctors seems to contradict his story, as they claim her injuries were consistent with a much more traumatic incident. A police investigation, however, failed to end in charges being filed. The woman’s injuries have since left her suffering from memory loss, anxiety issues, and behavioral disorders.

Ultimately, the action taken by her family resulted in a settlement, but not the explanation they were hoping for. Still, those hoping to pursue similar action with a similar intent may find their efforts to be fruitful. They may wish, however, to first secure the services of an experienced attorney before initiating a claim.

Source: Albany Times Union “Woman’s mysterious head injury leads to $2.55M settlement” Barnes, Steve, Apr. 28, 2017

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