Yesterday afternoon, after nearly five hours of deliberation, a Ft. Myers jury delivered a resounding verdict, awarding our 22-year-old client $3.2 million in damages stemming from a T-bone car crash in 2021. This remarkable decision marks the end of a fiercely contested legal battle over liability, cause, and permanent brain injury, against State Farm, the defendant's insurer. They alleged that our client ran a stop sign, while we maintained that their client failed to yield, was distracted or didn't notice our client, who was proceeding through an intersection after she had legally stopped.
The trial was bifurcated. In Phase I, held a few months ago, a jury found the defendant 15% liable. Despite our disappointment with this result, we remained steadfast in our pursuit of justice.
In Phase II, with a new jury, we sought $28.8 million in damages, comprising of $101,000 for past medical expenses, $702,000 for future medical expenses, $3 million for past non-economic damages, and $25 million for future non-economic damages. In short, our jury denied the Defendant's allegation that our client's injuries are not permanent. They awarded the exact medical damages we asked them for - a guarantee that our client will be able to afford care for her traumatic brain injury for the remainder of her projected life (until she's 82 years old).
Our client, a then freshman at FGU who had recently moved to Ft. Meyers from Broward County, will graduate from college this Sunday. Evidence showed that after the crash, she altered her course load, reduced her credit hours, changed her major, and is suffering from photophobia, bilateral tinnitus, anxiety, depression, and bullying - all as a result of a brain injury from the crash. Given her previous TBI as a high school sophomore, we argued she was an eggshell plaintiff. The defense notably refrained from recommending any specific amount for the jury to award.
The case highlights the incredible resilience of our young brain injury client, who persevered through adversity and overcame the challenges posed by her permanent injuries. As the bailiff noted after the verdict was entered, "Significant verdicts like this are rare in Lee County. We’re used to seeing $0 awards" emphasizing the importance of this outcome in this hostile jurisdiction.
We invite those interested in learning more or covering this case to reach out to us. We know the importance of investigating and representing clients with invisible injuries as a result of traumatic brain injuries. We are eager to share our client's compelling story with the wider community.
