DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

DUI Collision Resulting in a Mild Traumatic Brain Injury Settlement

On May 28, 2004 at approximately 11:30 p.m. the plaintiff traveled to her home in Leesburg, Virginia, after visiting family. The plaintiff drove south on King Street and stopped at the intersection of King and Market Street for a red light. When the light turned green, she proceeded through the intersection and was struck by the defendant on the driver’s side of her car. The defendant ran a red light. The plaintiff’s vehicle spun around and stopped, facing north in the southbound lane of King Street. The right side of the plaintiff’s head hit and shattered the driver’s side window.  The defendant was charged with DWI and had a blood alcohol level of 0.14, although proof of intoxication was limited because the defendant never complied with deposition subpoenas.

The defendant accepted liability but rejected the amount of damages, arguing that the plaintiff had an anxiety problem prior to the accident.

The plaintiff suffered from lacerations on her scalp; a mild traumatic brain injury; dizziness; upper back and neck pain, as well as pain in her left shoulder and left wrist; pain in her neck and head and weakness in left wrist. She suffers from headaches and pressure sensation on the top and back of her head. She was diagnosed with post concussion syndrome and mild-marked cognitive deficits.  She also suffers from anxiety, memory loss, difficulty concentrating and focusing and problems with organizational skills. She treated with a neurologist and neuropsychologist. Her medical bills totaled $36,734.70. Her case settled for $125,000.00.        

Type of action:  Car Crash
Injuries alleged:  Mild Traumatic brain injury, neck and back injury
Special damages:  $36,734.70 in medical bills
Verdict/settlement:  Settlement
Amount:  $125,000.00
Insurance Carrier:  USAA
Plaintiff’s experts:  Jon Peters, M.D., William Ling, Ph.D
Plaintiff attorneys:  Barbara S. Williams and Cory Ford, Leesburg
Venue:  Loudoun County Circuit Court

Awarded: $125,000


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