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Experience

$4,875,000 SETTLEMENT -- Motor Vehicle Crash - Mild Traumatic Brain Injury

Our client was a married, 46 year-old mother of three, and an award-winning emergency room nurse stopped for traffic on I-84.  She was struck from behind by defendant traveling 45 mph in a company SUV and had a mild concussion, but it never resolved.   Permanent post-concussive symptoms included headaches, depression, and visual deficits with sensitivity to light.  She lost both of her ER nursing jobs at local Connecticut hospitals and cannot work in any capacity.   Defendants admitted causing the crash but argued: (1) x-rays and 4 MRIs failed to show any objective evidence of a brain injury; (2) some symptoms pre-existed the crash; and (3) she might recover later.  Our expert was Erin Bigler, PhD, a top international researcher in traumatic brain injuries from Brigham Young University in Utah.   His testimony explained how this mild traumatic brain injury with “no objective findings” on radiological tests caused our client’s permanent significant problems: she sustained traumatic axonal injuries (microscopic stretching injuries at the cellular level, too small to be revealed by available imaging).   An economist quantified the economic loss of her two jobs and benefits.  A professional video company worked with us to create a video of our trial witnesses describing dramatic changes they observed of our client before and after the crash.  The defendants’ insurance company and the experts saw the anticipated powerful trial testimony.  After presenting at a mediation an hour-long PowerPoint bill-boarding much higher damage potential at trial, the case settled two weeks before trial for $4,875,000, with $4,500,00 for our brain-injured client and $375,000 for her husband’s loss of consortium claim.  A portion of the money was placed in a structure and in trust to ensure our client’s well-being for her entire life.  This settlement is Connecticut’s largest known settlement reported for a mild traumatic brain injury.

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