Tracy Morgan Case: The TBI Victim’s Long, Hard Fight for Justice

Tracy Morgan Case: The TBI Victim’s Long, Hard Fight for Justice

Justice has yet to reach comedian Tracy Morgan, who was seriously injured in a crash where his limo van was destroyed when a Walmart semi truck slammed into it several months ago.   Accidents between these big rigs and any other type of vehicle often result in serious injuries or wrongful death of the passengers in the smaller car, and in Mr. Morgan’s accident he was lucky to survive as one of his buddies in the car perished from injuries sustained in the crash.

One thing is clear in this case.  Tracy Morgan was seriously hurt in the accident; it doesn’t appear that anyone is challenging the extent of his injuries at this point.

Still, Walmart has not settled this case with Mr. Morgan.

Tracy Morgan Burdened With Legal Fight

Instead, the personal injury case is proceeding in a courtroom  and the “discovery” process is moving forward.  Recently, there were news stories covering a status conference held before the judge regarding the case. Both lawyers for Walmart as well as lawyers for Mr. Morgan were present.  Sadly, Tracy Morgan was not.

Attorneys for Mr. Morgan told the judge that Tracy Morgan has sustained serious, traumatic brain injuries and was unable to come before the court. They also told the judge that it is not known how long his recovery will take.

No one knows how much brain function will be recovered at this point, and how much of a permanent loss of function may result.   This is part of the tragic nightmare with which every traumatic brain injury victim (and their loved ones) must cope.

Walmart Continues to Fight Against Liability for Tracy Morgan’s Injuries

So, Walmart continues to fight against the injury claims advanced by Tracy Morgan — a stance that is not uncommon by big money defendants who face a huge financial hit after an accident like this one.

They are doing what most of these defendants and their insurance defense lawyers think is sound defense strategy: fighting against the plaintiff’s claims with every argument they can muster.

It was only a few weeks back that Walmart was trying to limit its liability by pointing the finger at Tracy Morgan, arguing that because he wasn’t wearing a seat belt in the limo van, his serious personal injuries were his fault (at least in part). See our earlier post, “Tracy Morgan v Walmart: Lesson in How Injury Victims get Victimized in Lawsuits,” for details.

Brain Injury Victims and Their Families: Fighting On Two Battlegrounds

Rest assured, everyone in that courtroom understands how serious and life-altering a traumatic brain injury can be, especially one suffered in a serious crash like this one. Already, we know that Tracy Morgan may never resume his comedy career because of the crash. How much his personal life and daily living will be permanently altered by the TBI is not known. Hopefully, over the next few months he will continue to recover and mend.

Brain injuries are serious and long-term results of serious truck accidents all too often. Damage claims need to cover not only the immediate medical care costs but the long-term expenses involved in care, therapy, and rehabilitation. Damages are also legally available for brain injury victims who have lost their future earning capacity and future ability to enjoy life as they did before the crash.

Given Tracy Morgan’s stellar career as a beloved comedic star of stage and screen, his legal damages may be significant and high. And Mr. Morgan is looking to Walmart to cover those claims — which is why he and his family are having to fight on two fronts, just like many other personal injury plaintiffs with TBI.

Sadly, these victims must face the battle to recover and deal with the brain injury and its aftermath, and at the same time, for months and even years, fight the legal battle for justice against those responsible for the accident that caused the brain injury in the first place.

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