Daniel Stark Law recovers $850,000 for car crash victim

A turning point in the case occurred when the defense counsel’s medical expert testified that a person could suffer from a TBI even if their brain scans show no abnormalities.
Medical assessments confirmed that the client experienced a TBI from the incident, which could...
Medical assessments confirmed that the client experienced a TBI from the incident, which could heighten the client’s risk of dementia compared to individuals without a TBI history.(WNDU)
Published: Jul. 9, 2024 at 8:40 PM CDT

BRYAN, Texas (KBTX) - A Texas woman has won an $850,000 settlement from a landscape design company after sustaining a mild Traumatic Brain Injury (TBI) in a rear-end collision.

Texas-based plaintiff personal injury firm Daniel Stark Law secured the settlement.

The wreck in Austin occurred when the defendant, driving a pickup truck for the landscape company, rear-ended the woman’s vehicle while merging onto the highway. She lost consciousness at the scene and subsequently suffered chronic neck, back, and head pain, necessitating neck injections, said attorneys in a news release.

Despite the client’s MRI scans appearing normal, Justin Jackson, the attorney overseeing the case, emphasized the complexity of diagnosing and treating TBIs. “Even with her chronic head pain, it was tough to figure out what was wrong and what long-term medical care she would need,” Jackson stated. The firm ensured that the client received evaluations from medical providers using advanced technology for brain injuries.

Medical assessments confirmed the TBI diagnosis, noting an increased risk of dementia for the client. The client’s loss of consciousness at the crash site further elevated this risk.

Initially, the insurance company offered settlements below $20,000 throughout 2022 and 2023. The breakthrough came when the defense’s medical expert acknowledged that a TBI could occur even without abnormalities on brain scans. Daniel Stark’s legal team, supported by medical experts, provided evidence of the client’s decreased mental capacity post-accident.

Jackson highlighted the significance of this expert testimony in achieving a substantial settlement. “It was a big moment when the opposing party’s TBI expert agreed with us. It ultimately helped us secure an $850,000 settlement to cover our client’s ongoing pain and future medical bills,” he explained. “That’s exactly why our team is so thorough in getting our clients evaluated by doctors — we want to get them the support they need as they deal with the long-term impacts of a crash.”