Truck Accident Causes Catastrophic Facial and Brain Injuries

A man recently filed a personal injury claim in Ohio for injuries sustained in a work-related tractor trailer crash. The man, a tractor trailer driver, was hospitalized after the accident for multiple injuries to his face. The entire left side of his face was bruised, his eye was swollen shut, he suffered multiple facial fractures and his mandible (jaw) had to be wired shut. He also lost consciousness for a couple hours. The man additionally reported memory loss from the tractor trailer accident.

After this work-related accident occurred, the man received medical treatment from several physicians, including an ear, nose and throat specialist, neurologist and a psychologist. Further medical treatment revealed that some of the man’s ongoing problematic symptoms, such as memory loss and severe headaches, were likely related to a post concussive syndrome, indicating severe brain injuries.

The truck accident victim allegedly continued experiencing difficulty after the accident in daily tasks and in returning to work, so he applied for Social Security Disability and Supplemental Security Income benefits. These benefits were initially denied; it was found that the medical evidence did not confirm the severity of the alleged impairments that supposedly arose from the tractor trailer crash, which led to questioning about possible underlying medical conditions.

It was reasoned that when determining a disability:

All symptoms are considered through objective medical evidence, which include medical signs and laboratory findings by medical professions
Other evidence is evaluated, such as statements or reports from the injured person or physicians and psychologists about conditions, medical history and additional information about such things as medical treatment
A determination about symptoms affecting ability to work are analyzed, in addition to symptoms that affect daily activities and tasks.

All of these items taken together will be evaluated in order to establish if a person suffers from a disability and if that disability or impairment could be reasonably expected to produce additional symptoms or harmful after-effects.

The court found problems in this case in regards to drastically differing statements and medical explanations about the injured tractor trailer driver. The court saw that some statements made to the court, and also to the physicians, by the injured plaintiff were grossly misrepresented. Furthermore, the injured man’s memory loss, which was alleged to be severe, did not seem to be affected in terms of beneficial information during testimony, leading to questions about his reliability.

However, regardless of questions of memory loss, all of the doctors concluded that the man did suffer a traumatic brain injury that may, in instances, affect individuals differently.

The court, after balancing all of the compiled evidence, found that the case should be remanded for a further determination of whether or not the tractor trailer accident victim should be allowed compensation under Social Security Insurance and Supplemental Income.

At the case conclusion, the Social Security Commissioner issued a policy statement about how to assess treating sources’ medical opinions:

A case cannot be decided in reliance on a medical opinion without some reasonable support for the opinion
Controlling weight may be given only in appropriate circumstances to medical opinions, i.e., opinions on the issue(s) of the nature and severity of an individual's impairment(s), from treating sources
Controlling weight may not be given to a treating source's medical opinion unless the opinion is well-supported by medically acceptable clinical and laboratory diagnostic techniques;
Even if a treating source's medical opinion is well-supported, controlling weight may not be given to the opinion unless it also is “not inconsistent” with the other substantial evidence in the case record
The judgment whether a treating source's medical opinion is well-supported and not inconsistent with the other substantial evidence in the case record requires an understanding of the clinical signs and laboratory findings and what they signify.
If a treating source's medical opinion is well-supported and not inconsistent with the other substantial evidence in the case record, it must be given controlling weight; i.e., it must be adopted
A finding that a treating source's medical opinion is not entitled to controlling weight does not mean that the opinion is rejected. It may still be entitled to deference and be adopted by the adjudicator

If you or a loved one is injured in a tractor trailer crash or motor vehicle accident, it is crucial that you first, seek medical treatment and second, obtain an experienced injury attorney. As this case shows, medical records are vital to the outcome of a lawsuit, as is an experienced injury lawyer.

As a St. Louis truck accident lawyer and partner at Page//Cagle, A Missouri Personal Injury Law Firm, I have been litigating truck accident cases my entire career.

Call me for a free consultation. We can go over your case together and discuss your legal options for a possible injury settlement or lawsuit. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.MissouriTractorTrailerCrash.com for more information.