Case Studies: Damages Awarded in TBI Cases

If you or a family member has sustained a traumatic brain injury, the chances are you already have first hand experience of the overwhelming financial burden that these injuries cause. The following case scenarios demonstrate damages sustained in a so called "mild" traumatic brain injury case, as well as a "moderate" to "severe" traumatic brain injury case.

Case No. 1: Mild Traumatic Brain Injury

The client was a thirty-four-year-old physician who was involved in an automobile accident. His head hit the steering wheel and he was unconscious for less than two minutes. There were no fractures and other than a severe headache he did not seem to have suffered any brain injury. Over the course of the next several months, his family noticed a modification of his normal behavior patterns. He seemed to be restless, could not sleep well, was aggressive and argumentative where he had not been before, and seemed "not himself" The Law Offices of Peter Miller saw these symptoms as possible indicators of moderate brain injury and obtained the services of a neuropsychologist who did a very thorough neuropsychological evaluation. The conclusion was that the client had suffered moderate brain damage. Once the Defendant's attorney received copies of the neuropsychological examination, the case was settled for a very significant sum.

Case No. 2: Moderate Brain Injury

The client, a fifty-five year-old construction worker fell off of a ladder, hit the side of his head and was unconscious for approximately five minutes. When he awoke he could not remember what had happened. Over the course of the next several weeks he noticed that he had balance problems and memory problems. He was first evaluated by a otolaryngologist at the University of Arkansas Medical Center who specializes in balance problems. It was determined that the balance issues were not the result of inner ear injury, but rather, central nervous system dysfunction. The client was then evaluated by a neuropsychologist who determined that he had a diminishment in his normal IQ.

The Defendant attorneys deposed both the neuropsychologist and the otolaryngologist after which the case was settled for a very substantial amount of money.

Case No. 3: Severe Brain Injury

A young woman was a passenger in an automobile that was broadsided by a 18-wheeler. She hit her head on the side of the car and sustained a coup-contra- coup injury. She was in a coma for approximately one month. When she awoke, she was unable to coordinate her hands, feet, and she was unable to speak. Over the course of approximately a year, she underwent physical therapy and occupational therapy and was finally able to walk, with a shuffling gait, speak coherently, and move with fairly accurate hand/eye coordination. Sadly, she suffered a significant diminishment in her IQ. She had been a bright, normal, young woman before the accident and when she was tested approximately two years later, her intelligence was that of a moderately retarded person.

The case went to trial and the jury awarded the client the largest jury verdict in the history of White County, Arkansas.

The above case scenarios are actual cases brought within the court system in Arkansas. The effects of brain injury were significant on all the victims, although due to the extent of those injuries, their damages were somewhat different.

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