FERGUSON SECURES $3 MILLION SETTLEMENT ON MILD TBI CASE

 

A forty-nine-year-old Fort Worth man has received a $3 million settlement in his case arising from a Tarrant County motor vehicle collision. He had sustained a fractured arm and mild traumatic brain injury in that collision. He was represented by The Ferguson Law Firm LLP’s managing partner, Paul ‘Chip’ Ferguson.

The crash occurred when a delivery van pulled in front of the plaintiff’s oncoming motorcycle. The impact was significant and knocked the van sideways. One eyewitness claimed the plaintiff was traveling at an excessive rate of speed. “The case presented challenges that, fortunately, we were able to overcome,” Ferguson said. “Besides our client’s speed, the delivery van had limited insurance and we had to reach up the chain to include the contractor that assigned it the deliveries. We were very successful in doing that. Finally, we had a tremendous fight over where the lawsuit should be filed: Fort Worth or Dallas. We won that fight as well.”

The plaintiff was diagnosed with a mild traumatic brain injury and was unable to work for six months. Even after his return, he had difficulty performing all of his tasks as a surveyor. Ferguson added, “Proving a TBI is hard to do. We were able to get state-of-the-art brain imaging including a DTI scan and show the parts of our client’s brain that had been affected. It was very compelling.”

The plaintiff’s medical expenses approximated $160,000 with another $40,000 in wage loss. “The defendants made no serious offer until we prepared for and announced ready for trial,” Ferguson commented. “Ultimately, the thought of facing a jury was too much and they paid the $3,000,000. It was a very good result for our client and I am very proud of our law firm for obtaining this result.”