Case Results

Life Almost Lost: How A Hard-Working Father Fought To Survive

One fateful August morning our client was on his way to work when tragedy struck. He was passing through an intersection in rural Hicksville, Ohio when a driver, operating a vehicle within the course and scope of his employer, failed to stop at a stop sign and smashed into the side of our client’s vehicle. The vehicle was so heavily damaged that the jaws of life were needed to extricate him from the wreckage. He was transported by air to the hospital. Upon arrival, he was immediately admitted to the intensive care unit. A breathing tube was inserted into his throat due to the swelling of his neck and larynx which made it impossible for him to breathe on his own.

It was determined that our client sustained a traumatic brain injury as a result of the crash and had apparent brain bleeds. His jaw was fractured in multiple places which required surgery and the need to be wired shut. He also sustained severe injuries to his right ankle and tibia/ fibula which were obvious from clear deformity. He underwent operation to repair the fractures in his ankle and tibia/fibula.

Following surgical repairs our client was moved to an inpatient rehabilitation center. Our client became deeply irritated and agitated. He struggled with his exercises as well as simple tasks such as feeding himself. Due to his agitated state of mind, our client underwent a psychiatric evaluation and it was discovered that some of his irritable attitude stemmed from amnesia resulting from the accident. Our client was unable to comprehend the severity of the accident or his injuries. He was also unable to remember the day of the accident and those days following it.

Our client was finally released from the hospital under the supervision of home health care. However, it was later discovered that his fractures were not healing properly, and he endured more surgeries. In total our client was hospitalized for fifty days and underwent eight surgical operations.

At the time of the tragic accident our client was just 26 years old and a proud father of a one-month old baby girl. He supported his family working as a roofer. Tragically, our client’s prognosis for returning to the life that he once lived was slim to none. Not only was he unable to return to his roofing career but he was determined to be totally unemployable due to the severity of his cognitive problems and major fractures in his lower leg and ankle.

Our office filed suit in Defiance County making claims for medical care, future medical care costs, pain and suffering, severe mental anguish, emotional distress and lost wages. Avoiding the need for trial, Mr. Boyk was successful in negotiating a substantial settlement. In addition, our office was successful in negotiating with the medical providers to significantly reduce the lien they had on our client’s claim, thereby resulting in a significant increase in the amount of money our firm put in our client’s pocket.