Beach woman struck in rearender suffered mild TBI – $675,000 Settlement

A dump truck rear-ended a single mother on a major road in Virginia Beach. The property damage was extreme. In the emer­gency room, plaintiff was diagnosed with a concussion although CT-scans came back negative.

The injured woman had a cut on her scalp, showing a direct blow to the head. Plain­tiff later developed cognitive deficits as a result of the mild TBI, including memory lapses and difficulty concentrating. Her in­jured spinal connective tissues were treat­ed by a chiropractor. Plaintiff was able to return to work without income loss despite her deficiencies. Defense experts chal­lenged the cause and extent of plaintiff’s continuing symptoms, arguing that most minor concussions heal within a short time after the incident if she even had one. The defense doctors also argued that the plain­tiff had only psycho­logical harm (PTSD) from the wreck, not a brain injury. The de­fense neurologist pos­ited that depression or PTSD, rather than permanent brain dam­age, presents a more benign prognosis.

A settlement was reached at the media­tion – two months prior to trial in Virgin­ia Beach. The strength of the claimant’s presentation as well as strong before and after witnesses added value. Further, the commercial driver had a long felony record practically preventing him from testifying.

[16-T-134]

Type of action: Personal Injury – Motor Vehicle Accident
Injuries alleged: Mild traumatic brain injury
Court: Virginia Beach Circuit Court
Tried before: N/A
Name of mediator: Hon. F. Bradford Stillman
Date resolved: July 11, 2016
Special damages: Medical bills – $45,575.90
Verdict or settlement: Settlement
Amount: $675,000.00
Attorneys for plaintiff: John M. Cooper and Griffin M. O’Hanlon, Norfolk