Overview
Two clients sustained concussions in a motor vehicle accident that resulted in persistent post-concussion symptoms despite the absence of objective evidence of traumatic brain injury or fractures. One client was ultimately unable to return to work because of the lasting effects of the injuries. The claims resolved with a combined tort settlement of $1,125,000, and one client also recovered $400,000 in accident benefits.
Key Takeaways
- Tort settlement amount: $1,125,000 (all-inclusive for both clients)
- Accident benefits settlement: $400,000 for one client
- Accident type: Motor vehicle accident
- Primary injury: Concussions with persistent post-concussion symptoms
- Additional injuries: Not specified
- Resolution method: Settlement
- Notable legal issues: Invisible injuries with no objective traumatic brain injury or fractures
- Medical treatment: Not specified
- Long-term impact: One client was rendered unemployable
- Accident benefits: One client’s accident benefits claim settled; the other client’s claim remains open
The Case
Following the collision, both clients were diagnosed with concussions and experienced persistent post-concussion symptoms that continued well beyond the expected recovery period. Although diagnostic imaging revealed no traumatic brain injury or fractures, the symptoms significantly affected their ability to function in everyday life.
A central issue in the litigation was demonstrating the seriousness of injuries that lacked objective medical findings. Through medical and other supporting evidence, it was established that the clients’ symptoms were genuine, ongoing, and had a profound impact on their lives. For one client, the injuries ultimately prevented a return to employment.
The parties ultimately resolved the tort claims through an all-inclusive settlement of $1,125,000. One client also settled her accident benefits claim for $400,000, while the other client’s accident benefits claim remains ongoing.
Why It Matters
This case highlights that serious and life-altering injuries are not always visible on medical imaging. Persistent post-concussion symptoms can have a substantial impact on a person’s ability to work and function, even without objective evidence of a traumatic brain injury.
The result also demonstrates the importance of presenting comprehensive evidence to establish the effects of invisible injuries and pursuing compensation through both tort and accident benefits claims where appropriate.