A mother (52 years old) and son (22 years old) who suffered from post-concussion syndrome after a rear-end collision has settled their case against the negligent driver and Chicago waste removal company for $2.25 million. The family was represented by Chicago-based personal injury law firm, Passen & Powell.
In May 2013, the mother and son were stopped at a red light when their truck was rear-ended at low speed by the defendants’ Mack garbage truck. Both mother and son were taken to the emergency room and imaging (X-Rays, CT, MRI) revealed that neither suffered any broken bones or objective signs of brain injury.
However, in the weeks following the crash, both began experiencing classic symptoms of a concussion, including headaches, fatigue, dizziness, memory loss, and light sensitivity. As these symptoms continued for several months, both mother and son were eventually diagnosed with post-concussion syndrome. Neuropsychological testing revealed cognitive symptoms associated with post-concussion syndrome (also referred to as mild traumatic brain injury).
The defendants argued that the symptoms complained of by the mother and son were not caused by this low-speed crash, but instead were either related to their pre-existing medical conditions or psychological (and unrelated) in nature.
Jordan S. Powell and Matthew A. Passen of Passen & Powell represented the mother and son. They were able to prove – through biomedical, neuropsychological, and neurosurgical expert testimony – that the forces involved in this crash were sufficient enough to cause these injuries, resulting in significant physical, cognitive, and emotional symptoms. In addition, they were able to tell a compelling story of life before versus after the crash:
“This case was very difficult because there was never any imaging, such as an MRI or a CT scan, that documented any injury to the brain” said Jordan Powell. “This is the challenge with mild traumatic brain injuries and the key to prevailing in these cases is to speak with family and friends that have observed the changes. Fortunately, there were many witnesses willing to help tell that part of our clients’ story.”
Now, more than six years after the crash, they are ready to move on and have taken some comfort by the defendants acknowledging their responsibility, and in providing fair compensation for what they have gone through.
Passen & Powell has substantial experience and expertise in cases involving traumatic brain injury, including those characterized as “mild” TBI. For a Free Consultation with one of our attorneys, call Passen & Powell at 312-527-4500. For more information related to brain injury, visit our Brain Injury Law Center YouTube page.