$299,000 Mediated Settlement for Traumatic Brain Injury in T-Bone Collision — Deschutes County

The Injury

Our client struck his head against the driver’s-side window on impact. He was evaluated the same day and diagnosed with a concussion. In the months that followed, what began as a head injury progressed into post-concussion syndrome: chronic, often disabling headaches, vertigo, light and sound sensitivity, cognitive fog, and significant disruption to sleep. The symptoms did not resolve on their own. Our client pursued an extensive course of treatment over more than two years, including neurology, physical therapy, vision therapy, sleep medicine, occipital nerve blocks, and eventually a comprehensive neuropsychological evaluation.

A key part of preparing this case was addressing our client’s medical history before the collision. He had a documented, unrelated neck condition that had been successfully treated and resolved through surgery in the months before the crash, with medical records confirming he had returned to full function and an active lifestyle immediately beforehand. Establishing that clean pre-accident baseline was essential to rebutting any argument that his post-collision symptoms were the product of a prior condition rather than the trauma of this crash.

The injury also carried real vocational and personal consequences: our client was unable to return to his prior work responsibilities, and the ripple effects extended into nearly every part of his daily life — his role in his household, his relationships, and the physical activities that had defined his lifestyle in Central Oregon before the wreck.

Litigation and Resolution

After the insurer failed to resolve the claim through pre-suit negotiations, we filed suit in Deschutes County. We proceeded through discovery, took the at-fault driver’s deposition, and prepared the case for trial, developing both the liability record and a comprehensive damages presentation covering past and future medical expenses, lost income, and the noneconomic impact of a traumatic brain injury on a previously active, high-functioning individual.

With the case fully prepared for trial, the parties agreed to mediation. Given the strength of the liability record — including the at-fault driver’s own deposition admissions — and the documented severity and permanence of our client’s post-concussion symptoms, we were able to secure a settlement of $299,000.

Why This Case Matters

Traumatic brain injury cases are difficult to prove and, unfortunately, easy for insurers to minimize, particularly when there is no visible physical scarring and imaging comes back clean. Success in these cases depends on painstaking documentation: a clear pre-accident baseline, consistent and well-documented treatment, and expert evaluation connecting the mechanism of injury to the client’s ongoing symptoms. It also depends on refusing to settle for less than a case is worth simply because the injury is harder to see on an X-ray.