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Brain Injury

Brain injuries most often result from car crashes, falls or violence. Injuries can be severe or mild. In either case, victims and their families often feel confused and unprepared on how to deal with the situation.

We have helped people through the challenges of brain injuries as part of their legal proceedings. Our attorneys and staff understand the medical aspects of brain injuries. Yet we understand the emotional stress, too, and have supported victims and families through this unknown territory.

While many people with mild or moderate brain injuries recover, serious cases can end in coma or death. The effects of any brain injury can be lasting. So we are committed to holding responsible parties liable for the injury to ensure the needed support for those victims.

Examples of our firm’s brain injury cases:

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Fraser v. Beutel

$6.1 million verdict

Plaintiff’s co-counsel: Paul L. Stritmatter

A young mother suffered a severe head injury in an auto collision. When the jury made its decision in 1987, the case became the largest personal injury award in Kittitas County history.

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Bartel v. Burlington Northern Railroad

$2.9 million verdict

Plaintiff’s co-counsel: Paul L. Stritmatter, Keith L. Kessler

A cosmetologist and her husband were injured when a train struck their van in a railroad crossing. About a week before the collision, railroad signal supervisors had been notified about malfunctioning crossing signal lights in the area. Train crews were told to stop and watch for cars before crossing the highway. Records show the train was going 40 mph in a 25 mph zone and did not stop at the highway crossing. The female in the van had some head injuries and broken bones.

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Robert & Luann Whitmer v. Chin S. Yuk, City of Lakewood, Pierce County,

City of Tacoma

$6.35 million settlement

Plaintiff’s counsel: Keith L. Kessler, Ray W. Kahler, Garth L. Jones, Paul L. Stritmatter

Complicated liability issues were factors in this automobile collision case. Two young women suffered serious brain injuries when their vehicle was struck in an intersection, spun and hit a utility pole. The legal team handled a number of liability factors: the intersection had no traffic signal, road widening had brought lanes too close to the utility pole, and county/city jurisdiction had changed. The settlement will help the sisters – one of them a young mother – live as “normal” as possible. Additionally, the legal team took the case to the U.S. Supreme Court to overcome a federal law that would have kept secret the government records needed to get justice for the Whitmer sisters.

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Lawless v. Agricultural Hydraulic Supply, Inc.

$3.25 million settlement

Plaintiff’s co-counsel: Paul L. Stritmatter, Keith L. Kessler

An electrician was working in a scissor lift to string wire across the elevated ceiling of a loading dock. Slowly the lift crept down a slope and went over the edge of the loading dock, throwing the electrician to the concrete slab below. He suffered traumatic brain injury and other injuries. Our legal team showed negligence on the part of the scissor lift manufacturer and the company that rented the lift to the electrical contracting firm.

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Haney v. Cashmere School District

$4.7 million settlement

Plaintiff’s counsel: Paul W. Whelan

A student football player was injured on the school’s playing field. The settlement will help meet his lifetime care needs because he is in a permanent coma.

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LaBerge v. Regents Sports

Confidential settlement

Plaintiff’s co-counsel: Paul W. Whelan, Kevin Coluccio

Injuries sustained during a game of lawn darts left our plaintiff with a brain injury.

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Dussault/Gray v. City of Shelton, et al.

$2.5 million settlement

Plaintiff’s co-counsel: Keith L. Kessler, Paul L. Stritmatter

A new city road also created a new entrance to Shelton Middle School. A painted crosswalk and school crossing signs were added. The city refused to install a pedestrian-activated traffic signal, leaving students to dodge cars while trying to cross. When the 14-year-old plaintiff approached the crosswalk, a passing driver saw her and stopped. The next two cars moved over to the outside lane and didn’t see the plaintiff in the crosswalk. Both cars struck the student, leaving her with closed-head injuries, broken bones and internal injuries.

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Neil Virnig v. Safeco Insured

$1.5 million settlement

Plaintiff’s counsel: Kevin Coluccio, Paul L. Stritmatter

Washington State University student Neil Virnig was the passenger in a vehicle rollover accident around a blind curve. Neil spent 10 days in the hospital for a number of injuries, including some brain injury trauma. In the case against the defendant driver’s insurance company, Kevin helped Neil win a settlement for the full policy limit. In addition, Kevin was able to obtain payment of Neil's underinsured motorist policy limits.

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Halasz v. Turner Construction

$1.75 million settlement

Plaintiff’s co-counsel: Michael E. Withey, Paul L. Stritmatter

A carpenter at a job site was using a portable toilet when he was struck by a counterweight on a crane. He suffered traumatic brain injury, including axonal sheering.

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Ratigan v. Central Building, LLC

$1.575 million total settlements

Plaintiff’s co-counsel: Paul W. Whelan, Peter O’Neil, Ray W. Kahler

Our client suffered a brain injury in a fall from a window.