A Basch & Keegan client recently went to trial seeking justice for a concussion that she suffered after a car crash. After a week-long trial, an Ulster County jury rendered a favorable verdict for the plaintiff in the amount of $425,000.
A concussion is a form of a Traumatic Brain Injury (TBI). These types of cases present significant challenges. They are harder to settle and bring to trial because TBI is hard to prove.
“The insurance company thought they were going to fool the jury,” said trial attorney John A. DeGasperis in a post-trial interview. “They were wrong. My client suffered a legitimate head injury.”
“I see TBI cases differently than most lawyers,” explains John. “Personal injury lawyers want easy cases with broken bones. Those cases are easy because diagnostic imaging proves the injury. Most closed head injury cases are not supported by diagnostic imaging. The lawyer must prove an invisible injury.”
John understands the struggles associated with TBI more than the average personal injury lawyer because his late father was a victim of a brain injury after a stroke. He witnessed firsthand the struggles suffered by brain injury victims and their families.
John took this case to trial because he believed his client’s struggle with post-concussion syndrome was real. Post-concussion syndrome occurs when symptoms of mild traumatic brain injury last longer than expected after an injury. These symptoms may include headaches, dizziness, and problems with concentration and memory. The symptoms can last weeks to months.
The jury clearly agreed with the plaintiff since they returned a verdict six times the settlement offer. Partner John A. DeGasperis and trial paralegal Katherine R. Farley handled the matter.
Basch & Keegan, Here to Help.