A child who was only 2 years old when he suffered a severe brain injury has passed away from the injury at the age of 8. According to reports, the boy was injured when a drunk driver crashed into the back of the vehicle his family and he were in. The accident happened in 2009 in Arlington, Texas.

The boy suffered damage to 80 percent of his brain, leaving him in a constant vegetative state. He has required round the clock care since the accident.

The intoxicated driver had a blood alcohol concentration over .24 percent — more than three times the legal limit. The case against the driver is still pending; however, the family was hoping he would be sentenced to life in prison. The judge has approved a motion from the defense limiting the maximum penalty to 20 years in prison.

The family filed a lawsuit against the driver and also against Applebee’s. According to reports, the man was drinking at the restaurant before the crash occurred. The family asserted the man was served an excessive amount of alcohol, leaving in an intoxicated state. The accident occurred shortly after he left the restaurant. The family sought $10 million to provide for the boy’s medical expenses, pain and suffering, emotional trauma, loss of potential earnings and long-term care. A settlement was agreed upon between Applebee’s and the family, although the settlement amount was not disclosed.

Those who are injured by drunk drivers have a right to seek compensation. In some cases, the family may have to be the ones to seek compensation depending on the severity of the victim’s injuries or perhaps even his or her death. An attorney experienced in Texas personal injury cases can provide more information on how such cases proceed.

Source: CBS News, “Boy dies from injuries sustained in ’09 drunk driving crash” Jan. 13, 2015