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A former Bakersfield High School student who was beaten during a 2010 pep rally will soon be receiving a $10.5 million settlement from Kern High School District.

Mitch Carter chose to dress up in a chicken suit for the pep rally and started to taunt the rival football team’s mascot. In an odd turn of events, it was his own varsity team members who swarmed and then began to kick, punch and beat Carter.

Student Suffers Brain Damage

Carter suffered traumatic brain injury as well as damage to his pituitary gland. He spent six months in a treatment center, but he struggled to learn because he was depressed and experienced panic attacks. His grades plummeted as a result.

The School Did Not Do Enough

School district attorneys stated that Carter wore the chicken costume without approval from the school. However, Carter did advise the school administrator that he was going to wear the chicken suit prior to heading to the pep rally.

Carter was only advised that he would need to pay back the $75 which was used to rent the chicken suit. He was not told that he could not attend the rally.

What Types of Damages Are Available for a Brain Injury Settlement?

Many victims of head injuries choose to settle outside of court because it saves time and the cost of litigation. Calculating damages for this type of settlement can be difficult, however, given the variety of factors which may come into play.

There are two types of damages in head injury cases:

  • Special damages
  • General damages

Special damages are typically financial losses such as:

  • Lost earning capacity
  • Lost wages
  • Medical expenses
  • Property damage

In a wrongful death case, funeral and burial expenses would also fall under this category.

The other type of damages are what are referred to as “general damages”. These are non-economic losses for which any compensation received is only a rough substitute. Some examples of general damages include:

  • Physical pain and suffering
  • Mental anguish
  • Humiliation and embarrassment
  • Emotional distress

Redkey Gordon Law Corp is experienced in handling and settling brain injury claims. Our years in handling both minor and traumatic brain injuries has led us to understand what treatment and care is necessary for victims to return to as fulfilling of a life as possible.u

If you have suffered a brain injury and would like to discuss your claim, call us today for a free consultation at (209) 267-1685.

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