It was just another day for our client, an environmental geologist, who was driving home after collecting soil samples in the field. The geologist stopped for a school bus that was dropping off children on the last day of school. While he was stopped, he looked up into the rearview mirror only to see a another car driving toward him at a high speed. The other driver neglected to realize that traffic had stopped, and she drove into the back of the geologist’s stopped car.
Our client, the geologist, suffered a Traumatic Brain Injury (TBI) due to the crash. His head moved rapidly forward on impact, and he struck his head on something in the car. He felt “dazed” at first, but he did not lose consciousness. He went home to rest after declining an ambulance. He took only a few days off from work before returning for a brief period. Unfortunately, he developed headaches and ringing in both ears. He therefore decided to seek medical attention through his primary care physician, who recommended that he take time off from work.
Over the course of years, the geologist saw numerous doctors to get help with his brain injury symptoms. He consulted with a neurologist, neuropsychologist, and Ear Nose and Throat doctor—the holy trinity for any good brain injury case. Collectively, these physicians concluded that the geologist had suffered a permanent injury that rendered him permanently disabled.
We first filed a lawsuit against the woman who crashed into the geologist. Her insurance company extended the full policy amount of $50,000 to our client. However, the geologist’s injuries warranted a larger recovery, so we found supplemental coverage. Here’s how it worked. The geologist was driving a car that was owned by his employer, a large company involved in environmental cleanup. We discovered that the car was heavily insured with $1 million in coverage for Supplemental Underinsured Motorist (SUM) claims.
SUM coverage is a type of insurance coverage that protects the insured if they are hurt by a driver who is underinsured or uninsured. SUM coverage provides additional protection once the tortfeasor’s policy is exhausted.
We filed for arbitration under the employer’s car insurance policy. A lengthy arbitration hearing ensued. Our attorney presented witnesses including the geologist’s family members and his treating neurologist. The arbitrator was compelled and awarded the geologist $800,000 in damages, which represented a loss of wage claim and pain and suffering.
Our client recovered $800,000 and justice was served.