Trial Win: Defense Counters $5 Million Claim in MVA Case

Claims Alleged: Traumatic Brain Injury (TBI), Medical Expenses, High General Damages Award. 

Damages Alleged: Non-Economic Damages: Pain and suffering for remainder of Plaintiff’s life. Plaintiff presented per diem argument with an hourly wage for the rest of her life of $5 million. 

The Overview: In a recent motor vehicle accident case, Partner Kyle Riley and Senior Associate Veronica Wells successfully secured a favorable verdict in Washington. Plaintiff alleged serious post-concussive symptoms, ongoing headaches, and future medical needs, claiming a lifetime of pain and suffering stemming from the accident. Although her injuries included a broken nose that required surgery, and her medical bills totaled approximately $60,000, Plaintiff argued that her TBI symptoms and potential for long-term complications warranted a high general damages award of $5 million. Thanks to the strategic efforts of Kyle’s team, the jury returned a favorable verdict that affirmed the strength of the defense’s case. 

The Background: This case was initiated by a claim asserting that the plaintiff’s accident had caused a concussion, broken nose, and multiple post-concussive symptoms, including headaches, nausea, and vision dysfunction. At mediation, Kyle offered a settlement of $160,000. Negotiations stalled when Plaintiff’s counsel demanded $400,000. Although a settlement seemed possible, Plaintiff’s team ultimately decided to take the case to trial. 

Plaintiff presented a compelling narrative of personal challenges as a single mother, contending that her injuries impacted her ability to care for her children. Instead of presenting Plaintiff’s $60,000 in medical bills, she chose to focus on Non-Economic damages, aiming for a substantial general damages award. 

Plaintiff’s Theme: Plaintiff’s counsel leaned heavily on the narrative of Plaintiff’s single motherhood. They raised the possibility of long-term effects, including an increased risk of dementia and the need for a permanent need for quarterly botox injections to treat her headaches. With an argument built around lifetime suffering, they presented a per diem calculation that totaled $5 million, aiming to secure an excess verdict that reflected both the physical and emotional impacts of the accident. 

Our Strategy: Kyle’s team ensured seamless trial proceedings by coordinating witness schedules, assisting with trial technology, and managing exhibits. Their efforts leading up to opening statements set a positive tone for the defense. 

The defense’s preparation with expert witnesses and skilled handling of medical exhibits elevated their overall strategy. The defense worked closely with their retained neurologist to challenge Plaintiff’s claims effectively, emphasizing that objective evidence didn’t support the severity of Plaintiff’s alleged symptoms. Defense highlighted critical points, including Plaintiff’s normal brain scan results. They emphasized the fact that there was no actual loss of consciousness and Plaintiff’s headache symptoms did not present until approximately a month after the accident.  Veronica effectively cross-examined the Plaintiff and her fact witnesses and Kyle managed the expert witness portion of the case.  Kyle’s approach remained focused on fact-based rebuttals to Plaintiff’s overstated claims, reinforcing the credibility of Defense’s expert witnesses and countering the Plaintiff’s narrative with clear, authoritative evidence. 

The Outcome: After five days of trial, Plaintiff’s counsel requested $5 million in damages at closing, while Kyle proposed $100,000. Following a day of deliberation, the jury awarded $150,000—far below Plaintiff’s demand. Ultimately, this favorable verdict highlights the importance of an evidence-driven approach, allowing Kyle and his team to secure a fair result in the face of exaggerated claims.