$175,000 Settlement in “Mild” Traumatic Brain Injury Case With no Loss of Consciousness

Type of action:

Auto – Negligence — Whiplash -Type Injury

Injuries alleged:

Closed head injury

Amount of settlement:

$175,000 (settled after second day of trial)

Other useful information:

The plaintiff’s vehicle was rear-ended by a vehicle operated by the defendant’s employee. The plaintiff sustained a whiplash-type injury, but there was no evidence of loss of consciousness, retrograde or post-traumatic amnesia. He was taken to a hospital emergency room and admitted overnight for observation, but all neurodiagnostic tests and neurological evaluations were normal.

At the time of the accident, the plaintiff was unemployed. In addition to his soft-tissue injuries, the plaintiff claimed cognitive deficits resulting from a closed-head injury which allegedly had a profound impact on his behavior, personality and ability to work. The highest offer prior to trial was $75,000. After the second day of trial and after the plaintiff’s psychiatrist testified, the insurer increased its offer to $175,000, and the case settled.