In this traumatic brain injury ("TBI") case, Kevin Mottley and Ben Kyber of The Mottley Law Firm PLC, as well as Stephen M. Smith, C. Stewart Gill, and David B. Holt, of the Brain Injury Law Center in Hampton, Virginia, successfully represented a woman who was rear-ended on Interstate 64 East by a tractor trailer in James City County, Virginia in October 2017.
The truck driver was ticketed by the Virginia State Police for following too closely. Our client’s vehicle was struck so hard her car became lodged and needed to be pried from the front fender of the tractor trailer. Evidence showed that the client struck her face on something, as she had a laceration on her cheek. The truck driver claimed he was blinded by the sun and unable to see our client braking for traffic ahead. The trucking company admitted it was liable for the crash due to its employer relationship with the truck driver and the truck driver acting negligently.
At the time of the crash, our client was on her way to work as a cardiac nurse practitioner. She sustained a traumatic brain injury and a spinal injury to her L3–L5 spinal discs as a result of the crash. While her back injury healed overtime, she continued to struggle with the effects of her brain injury. She was out of work for several months following the crash due to her ongoing symptoms. She was eventually able to return to work after making adjustments to her daily protocols as well as continuing treatment with her doctors.
Our client’s past medical expenses related to the crash were approximately $100,000. A life care planner and treating brain injury medicine doctor concluded her future care needs were likely between $720,000 and $1.3 million. Her lost past wages were approximately $60,000 and her lost earning capacity was estimated to be up to $2 million.
Following a mediation with Hon. Thomas Shadrick (Ret.) of The McCammon Group, the case settled for $1.3 million in January 2022, a few weeks prior to trial, which was set in the United States District Court for the Eastern District of Virginia.