On November 1st, 2017, the Piccuta Law Group settled a concussion case for $17,500. In 2015, the firm’s client was hit at a low-seed at the intersection of Brokaw Road and N. 1st Street in San Jose, California. The client’s vehicle had minimal damage to the bumper. However, the collision caused the client to sustain a concussion.
The client was diagnosed with a concussion, post-concussive syndrome and had associated symptoms such as nausea, sleepiness and headaches. After two weeks, the client completely recovered from the concussion with no residual effects. The client tried to resolve her case with the at-fault party’s insurance company directly for the cost of her medical expenses, which were approximately $900, and $1,000 for pain and suffering. The at-fault insurance company was GEICO and the adjuster told the client that the impact “was too low speed to have injured her.” GEICO offered nothing to the client to resolve the case.
The client then hired the Piccuta Law Group who sent a demand letter with proof of the concussion and other medical documentation. GEICO offered an offensive amount of approximately $1,000. The Piccuta Law Group then filed a lawsuit in Santa Clara County Superior Court.
After the case had been litigated for some time, the parties attended a settlement conference. At the settlement conference, GEICO again offered an offensive amount of approximately $2,500. The Piccuta Law Group then committed to taking the case to trial.
Three days before trial was to commence, at a final Court Mandatory Settlement Conference, the client instructed the firm to accept GEICO’s offer of $17,500. While our firm was disappointed that we were not able to try the case to see how a jury would value the concussion, the client was extremely happy with the result having been offered nothing initially.
The Piccuta Law Group is dedicated to establishing a new fair amount for concussion cases. Traditionally, insurance companies have discounted these cases and offered very little on them—treating concussions as if they are nothing more than a sprained ankle. The Piccuta Law Group is pushing the envelope to create a new precedent as to what a concussion is valued at. The Piccuta Law Group looks forward to trying a concussion case to a jury in the near future. If you or a loved one suffered a concussion as a result of a car accident, contact one of our Monterey personal injury attorneys today to discuss your case.