The Mottley Law Firm is pleased to announce the successful resolution of a case for a client who suffered a concussion (also known as a "mild traumatic brain injury") when her car was rear-ended at a stop light in what was characterized as a "low-impact" collision. Many of the details are confidential, but we can share the following. The firm’s client, a 58-year-old woman who worked as an orthopedic trauma nurse, was rear-ended on her way home from work while stopped at a stop light by a car being driven by an employee of the defendant limited liability company. The firm’s client’s car sustained minor damage, and the crash was described as a “low impact” car accident. The defendant’s sedan suffered more extensive damage.
The firm’s client complained of a headache at the scene of the crash. But she declined emergency transport to the hospital. Her car had only minimal damage. She was able to drive home, which was only a short distance away. The next day, she visited a local Patient First complaining of headaches. She was diagnosed by the Patient First doctor as suffering from a concussion. She followed up with her primary care physician, who referred her to a concussion clinic in Richmond, Virginia. She received speech therapy and physical therapy. Unfortunately, the sequela of her concussion (mild traumatic brain injury) persisted.
The firm’s client had an extensive medical history including chronic migraines, a prior concussion when she was 17 years old, obesity, obstructive sleep apnea, anxiety, depression, and hypothyroidism. Her doctors believed, however, that her concussion, or mild traumatic brain injury ("TBI"), had exacerbated and/or aggravated these pre-existing issues, and that the pre-existing issues also made the TBI more difficult to treat. The prior TBI, in particular, caused the firm’s client to be more vulnerable to chronic sequela of the TBI she suffered in the crash. The firm’s client’s difficulties following the TBI resulted in her losing her job as an orthopedic trauma nurse.
The defense moved for, and obtained, a Rule 4:10 examination by a brain injury medicine specialist. Like the firm’s client’s treating providers, the doctor retained by the defense concluded that the firm’s client had suffered a brain injury in the crash, that she continued to have sequela of the TBI, that she suffered from PTSD, and that her employability had been permanently damaged by the crash.
The parties engaged in private mediation with The McCammon Group in November 2023, which resulted in a $2 million settlement one month before trial. The names of the parties, the insurance carriers, the defense experts, and defense counsel, the case number, the location of the crash, and the venue are confidential.
