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.
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
Attorneys for plaintiff: John M. Cooper and Griffin M. O’Hanlon, Norfolk