I recently learned that a talented young woman in South Carolina (SC) received a $3 million settlement for medical expenses, lost wages and permanent mental disabilities she suffered after a cement truck broadsided her car. The woman received a diagnosis a mild traumatic brain injury, or MBTI, following the collision in 2004, but the lingering effects of the concussion-like injury left her unable to pursue her chosen career as a certified public accountant or to resume her duties as manager of her parents’ restaurant.
The company whose truck hit the woman in her car, South Carolina Prestress Corporation, agreed to compensate the woman shortly before a civil trial was set to begin in July 2010. The settlement was in part due to the dedicated work of my Virginia (VA) colleague in brain injury law, Stephen Smith, who practices in Hampton. It also points to two important lessons for people who suffer MBTIs as a result of someone else’s actions.
The first is that closed head injuries often heal slowly, and sometimes never completely resolve. Concussions and other MBTIs can leave victims suffering spells of confusion, dizziness, memory loss and lack of coordination for a lifetime. The second take-home lesson is that receiving justice for harm done to you can take years and often requires expert assistance.
I’m glad that the young woman was able to see her case through.
EJL
About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, Eastern Shore Virginia Injury Attorneys Blog and Northeast North Carolina Injuryboard as pro bono services.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
One Comment
wendy
wow this woman is so lucky. i got a "mild: tbi almost 12 years ago but there was no one to sue. i finally have gone back to work part time this year but am nowhere near the level in my profession i was prior to my accident. i was turned down by disability 3 times. i can't help but be a little envious but mostly i feel glad that finally these injuries are being taken seriously and that there can be some serious financial recovery for at least some. good work.
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