Our client was hit from behind while she was stopped at a red light. She didn’t immediately go to the emergency room for treatment – not until the following day. The insurance company used this against her and told her she wasn’t seriously injured. They offered her a couple thousand dollars. Our client downplayed her symptoms because she thought they would just go away like the insurance company told her they would.
The Medical Records Showed Concussion Symptoms
When we were asked to get involved, we had to investigate a few things for ourselves before filing a lawsuit. When we received the initial medical records, our client was complaining of neck pain and headaches. In addition, she reported having been dizzy, with some confusion. These are not uncommon for someone who has suffered the effects of a concussion. But our client had no recollection of hitting her head and made none of these complaints to EMS, whose services she declined. We needed more information and so we waited to see if these symptoms improved. They did not improve.
We shared with our client that she should tell her doctor that she is still experiencing these same symptoms. Our client was eventually referred to a concussion specialist. Even though the concussion specialist indicated that our client suffered from post-concussion syndrome, the doctor did not aggressively treat her. Our client was ready to give up, but we encouraged her to hang in there.
Brain MRI and CT Scan Were Normal
Eventually, the concussion specialist referred her to a neurologist. The neurologist began to treat her for symptoms of a mild traumatic brain injury, including:
- Forgetfulness, misplacing things, and repeating herself;
- Increased depression (She was already being treated for depression); and,
- Struggling to be able to handle her responsibilities at home and at work.
Several months after the wreck, our client underwent a CT Scan. Later, she underwent an MRI, then an EEG. The results of the tests were normal.
By this time, our client had reached maximum medical improvement for her neck pain and was no longer treating for that injury. This injury did not have a long-term effect on our client.
Neurological Testing Confirmed a Mild Traumatic Brain Injury
We continued to meet with our client to encourage her to work hard to improve and do everything the doctors told her to do. The neurologist did cognitive testing that revealed profound changes in our client’s reaction time, memory recall, and cognitive performance. The neurologist concluded that our client had a mild diffuse axonal injury to her brain, but with treatment her condition would improve.
Our Client’s Goal Became Our Goal
Since treatment would help our client, our job was to get her the money for this treatment. By the time all was said and done, my client walked away with a six-figure settlement.
What I really value about this case isn’t the dollar amount of the settlement, though. What matters is the impact that settlement had on my client’s life. It provided her the money to enter a program designed to help her bounce back from her injury and to help her cope and hopefully get back to working and managing her family again. That program cost $32,000. That’s a lot of money, and because of our efforts, she can afford to pay for it. Her doctor described her as the ideal candidate for that program and expected her to see excellent results. More importantly, she expects results.
Understanding Brain Injuries Made All the Difference
This situation is not uncommon. Many people come to us with concussion symptoms after a wreck or fall. Often people are aware of subtle changes but minimize those changes when describing them to their doctor. People tend to believe it will just go away and the insurance companies take advantage of that and even support that belief. We have found over the years that when we question people a little deeper, they generally reveal what is really going on with them. Part of not sharing this information is the true belief they have that it will just go away.
Insurance companies typically will refer to this type of injury as a “garden variety” soft tissue or “whiplash” injury that will self-resolve. Many people and attorneys would have settled it that way. Not us.
