Plaintiff settles TBI claim for 90 percent of UM limits – $90,000 Settlement

The uninsured defendant pulled out into the path of the plaintiff’s vehicle right at the Virgin­ia-North Caroli­na line (raising interesting choice of law issues). The plaintiff, a security specialist for a major na­tional bank, was proceeding at 55 mph through a green light and was unable to avoid a severe collision. The plaintiff was ambulatory at the scene but had some transient head injury symptoms. She was treated and released from the emergency room and did well phys­ically. After several weeks, however, the plaintiff was unable to recover from headaches, concentration issues, memory loss, etc. Ultimately, she ar­ranged to be seen by Dr. David Ross and underwent testing for traumatic brain injury. These tests suggested the presence of TBI which was strongly contested by the defense. No offer was tendered prior to the initiation of liti­gation or indeed until a trial date had been set and the plaintiff deposed. The plaintiff settled for 90 percent of the policy limits in order to avoid the costs and risks at trial.

Type of action: Personal in­jury / Motor vehicle accident

Injuries alleged: Soft tissue; mild traumatic brain injury

Name of case: Bennett v. Beasley

Court: Chesapeake Circuit Court

Case no.: CL16-1732

Date resolved: April 21, 2017

Special damages: $31,000

Demand: $100,000

Verdict or settlement: Settlement

Amount: $90,000

Attorneys for plaintiff: Jef­frey F. Brooke, Virginia Beach

Plaintiff’s experts: David E. Ross, M.D., Virginia Institute of Neuropsychiatry

Insurance carrier: North Carolina Farm Bureau Insur­ance Group