This policy limits settlement of $280,000 was for a client with a concussion, requiring cognitive therapy, after a car wreck in The Colony, TX.
Our client was operating an SUV traveling northbound in the left lane of SH 121 in The Colony, Texas near Standridge. The at-fault motorist was operating an SUV traveling northbound in the middle lane of SH 121. The at-fault motorist was distracted and sideswiped our client’s vehicle.
Comments from Attorney Joseph Morrison: Our client sought medical treatment at the ER the same day as the car wreck. He had immediate complaints of head pain. A CT of his head and brain was performed but did not reveal any positive findings. Our client had to return to the ER just days later when he continued to experience symptoms from his head injury. Headache and memory loss were noted.
Remember: The Mayo Clinic has identified signs or symptoms that can indicate a traumatic brain injury. These signs and symptoms include – but are not limited to – headache, dizziness, difficulty sleeping, speech problems, loss of consciousness, drowsiness, and headache. It is very important to let you physician know if you are suffering from one or more of the above symptoms.
Our client was diagnosed with post-concussion syndrome. He was forced to undergo neuro rehabilitation to recover from his injuries. He made significant progress and only had a few residual symptoms at the time he completed the program.
I submitted very thorough demands on this case. The liability carrier quickly tendered its policy limits of $30,000. I was eventually able to get the client’s underinsured motorist carrier to tender its policy limits of $250,000.
It is always rewarding when you can help a client recover all available settlement proceeds without having to file a lawsuit because doing so saves the client a substantial amount of money in attorney fees and expenses. It also, of course, saves the client the time and hassle associated with litigation.
Some attorneys can be too quick to recommend litigation. At our injury law firm we believe we always have a duty to try and save our clients money.
Remember: Most people recover fully from a concussion. That said, however, some people can experience permanent symptoms even from a moderate concussion. These people are deemed the “miserable minority” – See RONALD M. RUFF, LORRAINE CAMENZULI & JONATHAN MUELLER (2009) Miserable minority: emotional risk factors that influence the outcome of a mild traumatic brain injury, Brain Injury, 10:8, 551-566, DOI: 10.1080/026990596124124. Also, MARTIN L. ROHLING, GLENN J. LARRABEE & SCOTT R. MILLIS (2012) The “Miserable Minority” Following Mild Traumatic Brain Injury: Who Are They and do Meta-Analyses Hide Them?, The Clinical Neuropsychologist, 26:2, 197-213, DOI: 10.1080/13854046.2011.647085
The settlement for this claim involving a concussion as a result of a car accident in The Colony, TX was $280,000. Attorney fees were $78,400. Case expenses were $435.84. After paying medical providers, the client’s net settlement was $110,822.27.
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