Motor Vehicle Accident

The plaintiff was a 52 year old marketing executive who was rear ended by a dump truck. He was treated in the emergency room for a concussion and his followup was limited to his PCP and a one time visit with a neurologist. He was told his headaches, word retrieval and personality changes would abate over time. When this client came to my office I immediately referred him to a Spaulding Rehabilitation Hospital brain specialist. Notwithstanding medications and counseling plaintiff continued to have issues with his decreased concentration, poor attention, distractibility, and irritability. He developed depression and anxiety. While he was able to continue his work his deficits were deemed permanent by his doctor. Noteworthy, with little treatment initially the insurer offered the plaintiff $15,000 to settle his case. This settlement followed a mediation in which a power point presentation showed the expected testimony of plaintiff’s wife and specifically her observations of her husband’s personality changes since the accident. A focus group was also used to determine how a potential jury would valuate the plaintiff’s injuries.