The Case
A driver failed to yield at an intersection and struck another vehicle. The collision was captured on multiple sources of video evidence: Tesla footage from one of the vehicles and dash camera video from another. The videos also captured bystander reactions, which confirmed that the plaintiff lost consciousness after the impact.
The plaintiff was diagnosed with a concussion, followed by post-concussion syndrome—a condition in which concussion symptoms persist for weeks or months after the initial injury. Later, the plaintiff was diagnosed with traumatic brain injury (TBI).
Traumatic brain injuries can cause cognitive problems, memory issues, difficulty concentrating, headaches, sensitivity to light and noise, mood changes, and sleep disturbances. These symptoms can interfere with work, relationships, and daily functioning.
The plaintiff pursued a personal injury claim based on the defendant’s failure to yield and the resulting brain injury.
The Defense
The defense argued that the plaintiff’s symptoms predated the crash. This is a common strategy in brain injury cases, particularly when the plaintiff has a history of headaches, attention problems, or mental health issues.
Defense attorneys and their experts often claim that what appears to be crash-related TBI is actually a continuation or worsening of preexisting conditions. They may point to prior medical records mentioning headaches, depression, or stress to suggest the symptoms are not new.
The Resolution
The case settled at mediation for $675,000. The settlement reflected the video evidence establishing the severity of the impact and the loss of consciousness, the progression from concussion to post-concussion syndrome to TBI diagnosis, and the ongoing symptoms affecting the plaintiff’s quality of life.
Why These Cases Matter
Loss of consciousness, even briefly, is a significant indicator of brain injury severity. When video evidence captures this moment—along with the impact itself—it provides powerful proof of what happened.
Brain injuries are often invisible. Unlike broken bones or lacerations, TBI symptoms may not appear on standard imaging. Diagnosis relies on clinical evaluation, neuropsychological testing, and the patient’s reported symptoms. This makes these cases more difficult to prove and easier for defendants to challenge.
Post-concussion syndrome can last months or years. Patients who expect to recover quickly from a concussion often find themselves dealing with persistent, debilitating symptoms that affect their ability to work, drive, or maintain relationships.
Video evidence has become critical in establishing both the severity of impact and the immediate aftermath. Tesla cameras, dash cams, and intersection cameras can capture details that witnesses might miss or misremember.
If you suffered a concussion or brain injury in a collision and are being told your symptoms are preexisting or unrelated, contact us to discuss your case. We handle personal injury cases on a contingency basis—there is no fee unless we recover compensation for you.