Overbird Law

Personal Injury Recovery

Personal Injury
$1.9 Million

The Case

A 28-year-old registered nurse was rear-ended at a stoplight in Duluth, Georgia, by a distracted driver who was texting while approaching the intersection at 50 mph. The violent impact caused multiple cervical disc herniations, a torn rotator cuff, and a mild traumatic brain injury. Our client required cervical fusion surgery and extensive cognitive rehabilitation. The injuries ended her nursing career, as she could no longer perform the physical demands of patient care or maintain the cognitive focus required for medication administration.

The Challenge

The at-fault driver's insurance company initially offered only $175,000, arguing that many of our client's symptoms were psychosomatic and that she could return to nursing with accommodations. They hired a neuropsychologist who claimed the brain injury was mild and fully resolved. They also challenged the necessity of the cervical fusion, claiming conservative treatment could have been sufficient. Our team needed to demonstrate the permanent nature of the injuries and the devastating career impact.

The Result

We obtained cell phone records proving the at-fault driver was actively texting at the time of impact. Our medical experts provided detailed testimony on the permanence of the cervical injuries and ongoing cognitive deficits. A vocational rehabilitation expert calculated the lifetime loss of earning capacity at over $1.2 million based on the difference between nursing income and sedentary employment alternatives. After mediation failed, we filed suit and aggressively pursued discovery. Facing a strong liability case and compelling damages evidence, the insurance company ultimately settled for $1.9 million just weeks before trial.

Related Results

Past results do not guarantee future outcomes. Each case is unique and results vary based on specific facts and circumstances.

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