Brain Injury Verdict

The Case

A 29-year-old software developer was T-boned at an intersection in Johns Creek, Georgia, when another driver ran a stop sign. Despite wearing his seatbelt, the force of the side impact caused our client's head to strike the driver's side window, resulting in a moderate traumatic brain injury. The initial CT scan appeared normal, but subsequent MRI and neuropsychological testing revealed diffuse axonal injury. Our client experienced persistent cognitive deficits including impaired concentration, memory problems, slowed processing speed, and debilitating headaches that made it impossible for him to continue working as a software developer.

The Challenge

Traumatic brain injury cases are among the most difficult to prove because the injuries are often invisible. The defense retained a neurologist who argued that the initial normal CT scan proved there was no significant brain injury, and that our client's symptoms were attributable to depression and anxiety rather than organic brain damage. They pointed to the fact that our client “looked fine” in daily life and argued he was exaggerating his symptoms to inflate the claim. The defense also challenged the lost earning capacity calculation, arguing that the tech industry has many roles that would accommodate his alleged limitations.

The Result

Our team assembled a multidisciplinary group of medical experts including a neuroradiologist who identified subtle but significant findings on advanced MRI sequences, a neuropsychologist who administered comprehensive cognitive testing documenting the deficits, and a neurologist specializing in traumatic brain injury who explained the science of diffuse axonal injury to the jury. We also presented testimony from our client's former colleagues and supervisor documenting his dramatic decline in work performance following the accident. A vocational rehabilitation expert testified about the substantial gap between software developer compensation and the types of positions our client could now realistically perform. After a four-day trial, the jury returned a verdict of $1.1 million, validating our client's invisible but devastating injuries.