Concussion From Car Bike Collision Settled for $650,000

On June 7, 2014, plaintiff, a physician, was riding his bike along a local road when he was struck by the defendant's vehicle. When police arrived, defendant claimed that she had stopped at the intersection stop sign and said that the intersection was clear for her to cross. She began to cross the highway when she heard a crash, telling the officer that a bicycle hit her car. Defendant was cited by the police for failure to yield. (Massachusetts law does not allow in to evidence the fact that the police gave the driver a citation for a moving violation; or the fact that the driver eventually paid a fine for the violation.)

Plaintiff was unconscious at the scene. The plaintiff, who sustained a concussion was unable to provide any information regarding a collision due to his anterograde and retrograde amnesia. However, a witness told police that the plaintiff waved at the defendant driver when she pulled out in to the intersection.

Plaintiff was treated at the scene by emergency personnel, stabilized and rushed to the local ER Department and admitted to the hospital for a week. During his hospitalization, Plaintiff was diagnosed with a traumatic brain injury and, reportedly, had a seizure shortly after the collision. Plaintiff was put on anti-seizure medication. He was also diagnosed with a fractured wrist and contusions to his hand and legs. Hospital staff determined that the plaintiff did not sustain a traumatic pituitary gland injury or lacerated spleen as first suspected.

Following his hospitalization, plaintiff was transferred to a Boston rehabilitation facility for two weeks of brain injury rehabilitation. He was eventually weaned off anti-seizure medication. Within two months of his discharge from the rehabilitation hospital and four months of the incident, plaintiff returned to work at his medical practice on a part time basis. Within a relatively short period of time, plaintiff began working full time despite having issues with cognitive fatigue.

During the next two years preceding settlement, plaintiff was able to maintain a full time practice and, according to his tax returns, had not had diminished income.

Plaintiff’s case was referred by his personal counsel to Boston brain injury attorney, Kenneth Kolpan who negotiated directly with the insurance adjuster. Attorney Kolpan, argued, in part, that plaintiff was at increased risk for future known medical complications associated with traumatic brain injuries including but not limited to a seizure disorder, early onset of Alzheimer's disease or dementia and emotional problems. Insurance adjuster claimed that there was no current evidence of these complications and that plaintiff had not lost any income when he returned to full time employment and had been compensated by his disability insurer for the four months when he was not working.

Despite plaintiff's traumatic brain injury, plaintiff did recover well enough to return to his medical practice, and he continues in full time practice without any loss of income.

Case was settled for $650,000 without filing suit within four months of Attorney Kolpan having received referral of the file. Additionally, Attorney Kolpan negotiated a one third reduction of plaintiff’s health insurance claimed lien, adding additional settlement monies to the plaintiff.