The case

According to news reports, Lynn Zoll, now 65 years-old, had slipped on ice back in 1987 and suffered a brain injury. As difficult as that would be to handle for anyone, it didn’t hold Zoll back. In fact, she became a spokesperson for survivors of brain injuries. Unfortunately for Zoll, lightning struck twice.

On her way to a brain injury conference in 2003, the vehicle in which she was a passenger was rear-ended by a tractor trailer on the highway. Her vehicle rolled over three times and she and the driver had to be physically cut out of the vehicle. Zoll was flown to a nearby hospital after sustaining severe injuries, and of all things, another brain injury. She filed a lawsuit against the trucking company.

Differentiating between subsequent injuries

While the trucking company involved in the case admitted liability, its lawyers argued that Zoll already had a brain injury and that it should not be liable for a re-injury. In other words, Zoll had a pre-existing condition, so to speak.

Lawyers for Zoll presented evidence which showed physical changes in her brain that could be specifically attributed to the tractor trailer accident including brain scans and testimony from experts which concluded that a second injury can often be more damaging than the first. A jury found that the evidence supported Zoll’s claim and awarded her $10.2 million.

Why experienced representation matters

Having an experienced lawyer who understands what needs to be presented in a case is crucial. Lawyers in this case knew that they had to differentiate between the two injuries to receive the compensation Zoll needed for future care – and they did exactly that. If you or a loved one has been injured in an accident, contact an experienced auto accident lawyer whose practice focuses in this area of law to discuss your situation. Consultations are free, without obligation and are strictly confidential.