Plaintiff suffered concussion in rear-end collision — $81,000 verdict

Type of action: Personal injury, auto accident

Injuries alleged: Concussion and associated dizziness, memory, concentration and vision problems

Name of case: Abdulbaaqee v. Wolk

Court: Virginia Beach Circuit Court

Case no.: CL21004426-00

Tried before: Jury

Name of judge or mediator: Judge Tanya Bullock

Date resolved: 6/6/2023

Special damages: $25,932.64

Offer: $21,232

Verdict or settlement: Verdict

Amount: $81,000

Attorney for plaintiff: Richard H. Roston, Portsmouth

Description of case: Defendant admitted liability in this low-speed rear-end collision. Plaintiff suffered a concussion with associated symptoms such as dizziness, eye flutters, confusion and memory issues, and incurred about $26,000 in medical expenses for ER, primary care, MRI/CT scans, physical therapy and neurological ophthalmology. Making her trauma worse, she had suffered a concussion with similar complaints in an accident about five years before this accident with lengthy treatment and eventually a full recovery, and this accident reminded her of the earlier accident. To complicate matters, there was a three-month gap in treatment between March and June 2020 because of COVID-19, during which she was unable to make an appointment to see her primary care physician even though she regularly called them. Based on the gap in treatment, the court gave the instruction about duty to mitigate damages over counsel’s objection. The jury deliberated for just under two hours and returned a verdict for $81,000. There is adequate coverage to pay this judgment.

Richard H. Roston, counsel for plaintiff, provided case information.

[023-T-085]