BenGlassLaw Car Accident Attorneys Get $450,000 verdict after Accident on Busy Reston, Virginia Roadway
This case originated from a serious T-bone collision that took place on June 10, on Reston Parkway, a busy roadway in Reston, Virginia. The BenGlassLaw traumatic brain injury client, a practicing Fairfax, VA attorney, was driving through an intersection with a green arrow when a distracted driver, a 20 year old male on his cell phone, ran a red light and struck our client’s vehicle on the driver’s side. Despite having the right of way, our client faced accusations of contributory negligence from the defendant’s attorney, hired by State Farm.
The Contributory Negligence Issue
Contributory negligence is a legal doctrine used in Virginia and a few other jurisdictions that can significantly impact personal injury claims. Under this rule, if a person is found to be even slightly at fault for causing their own injuries—typically, as little as 1% or more responsible—they cannot recover any damages from other parties who may be more at fault in causing the accident. This means that if a plaintiff in a lawsuit is found to have contributed in any way to the accident or their injuries, they are completely barred from receiving compensation from the defendant, no matter how negligent the defendant was. This strict standard places a high burden on plaintiffs to demonstrate complete innocence in their actions to receive compensation for damages caused by others.
Injuries and Impacts on Career
As a result of the accident, our client suffered a mild traumatic brain injury. This injury severely impacted his professional capabilities, including causing memory loss, difficulties with comprehending new information, an inability to multitask, and flat emotion. These symptoms significantly hindered his ability to function effectively in his demanding role as an attorney.
Mild Traumatic Brain Injury
A mild traumatic brain injury (TBI) is a type of brain injury that results from a sudden trauma or head impact, causing temporary disruption in brain function. Despite being labeled as “mild,” it can still have significant effects on a person’s cognitive, physical, and emotional well-being. Common symptoms include headaches, confusion, dizziness, blurred vision, ringing in the ears, fatigue, mood changes, and problems with memory, concentration, and attention. These symptoms can resolve within a few weeks, but in some cases, they may persist for months or longer, affecting daily activities and quality of life. Mild TBI is often diagnosed through clinical evaluations and may require imaging tests like MRI or CT scans to rule out more severe injuries.
Legal Challenges and Jury Deliberation
State Farm took a defensive stance, refusing to make any settlement offer. They employed three experts—a neurologist frequently used by the defense, a neuropsychologist with limited patient interaction, and a sleep specialist—who attributed the plaintiff’s symptoms to sleep apnea rather than the accident. Despite these assertions, our legal team vigorously contested these claims in court.
After a tense and prolonged deliberation, which lasted into the night, the jury returned a verdict in favor of our client, acknowledging the severity of the injuries and the clear fault of the defendant. The defendant’s insurance with Geico tendered a $25,000 policy limit, and the case put significant pressure on State Farm concerning the $1,250,000 underinsured motorist (UIM) policy held by the plaintiff.
Finding BenGlassLaw
The client knew BenGlassLaw because of our reputation in the legal community. He visited our Fairfax Personal Injury website before calling and where he was impressed by our robust online presence and the many testimonials from past clients. Our reputation for handling complex personal injury cases and our assertive approach in confronting large insurance companies solidified his decision to choose us for his legal representation.
Commitment to Justice
At BenGlassLaw, we are dedicated to ensuring that our clients receive the justice and compensation they deserve, particularly when up against well-funded defense teams and insurance companies. This case demonstrates our commitment to fighting relentlessly for our clients’ rights, regardless of the complexity or challenges of the case.
If you are seeking experienced legal representation following a car accident in Reston or anywhere in Virginia, contact BenGlassLaw today to discuss how we can help you with your case. Brian Glass leads the personal injury division of BenGlassLaw.