Overview 

A 47-year-old man sustained a concussion after his stopped vehicle was rear-ended and pushed into a ditch on a two-lane highway. Although the insurer argued that he had not suffered a brain injury and remained capable of working, Oatley Vigmond obtained a $1.1 million trial verdict after establishing that his injuries permanently prevented him from returning to his career as a television cameraman. 

Key Takeaways

  • Verdict: $1.1 million
  • Accident type: Rear-end motor vehicle collision  
  • Primary injury: Concussion  
  • Additional injuries: Significant post-concussive symptoms  
  • Resolution: Four-week trial  
  • Medical evidence: Treating health care providers and brain injury experts testified 
  • Employment evidence: Co-workers and supervisors testified about the demands of the client’s occupation  
  • Long-term impact: Trial judge found the client would never return to work  

The Case 

Our client was stopped on a two-lane highway when another vehicle rear-ended his car, pushing it into a ditch. He sustained a concussion but returned to work as a television cameraman only a few days later because he did not initially recognize the seriousness of his injury. Despite experiencing significant post-concussive symptoms, he continued working for almost two years before he was ultimately forced to stop. 

The insurer disputed the claim, maintaining that the client had not suffered a brain injury and should have been able to continue working. Oatley Vigmond responded by presenting evidence from the client’s treating health care providers and brain injury experts to demonstrate that he had sustained a serious brain injury. 

The firm also called several co-workers and supervisors who explained the demands of the client’s job and how his concussion affected his ability to perform those duties. This evidence established the impact of the injury on his occupation and supported the conclusion that he would never be able to return to work. 

Following a four-week trial, the trial judge awarded the client $1.1 million, approximately five times more than the insurer had offered to settle the case. 

Why It Matters 

This case demonstrates that the effects of a concussion may not be immediately apparent and can ultimately prevent someone from continuing in a demanding profession. Returning to work shortly after a collision does not necessarily reflect the long-term impact of a brain injury. 

The result also highlights the importance of presenting evidence about both the medical consequences of an injury and the specific demands of a client’s occupation. Together, that evidence helped establish the full extent of the client’s losses at trial.