Did auto accident aggravate old brain injury?

Situation:
Did auto accident aggravate old brain injury?

We represented a 36 yr old man involved in a rear end auto accident in downtown Chicago. There was little damage to our client’s car, and none to the striking car. Our client did not complain of any injury at the auto accident site, and police were not called to make a report. A few hours later, he began experiencing head and neck pain, and vague complaints of dizziness and postural imbalance. He went to the ER, which conducted an MRI of his brain. There was evidence of possible cerebral hemorrhage (bleeding on the brain).

Referral was made to a neurosurgeon, who performed a battery of tests, which proved negative for new injury. There was a finding of an old cerebral injury, which had caused our client no problems for years before the auto accident. Physical therapy was recommended for a 3 month period. Our client received approximately $12,000 in medical bills, most of it for diagnostic work up. There was no claim for lost wages.

Suit was filed when the defendant’s insurance company offered settlement of only $2500. Our claim was that the client’s underlying, old brain injury had become aggravated, and symptomatic in the auto accident, resulting in his need for treatment. Our position was supported by the neurosurgeon.

Successful Resolution: $60,000

Following the doctor’s deposition, the insurance company agreed to pay the defendant’s policy limits of $50,000. In addition, we sought an underinsured motorist’s claim under our client’s own insurance policy. We were able to convince this insurance company to pay our client an additional $10,000 in compensation. Total settlement amounted to $60,000.

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