Insurer pays three years of TBI medical expenses

This was a no-fault provider case for a traumatic brain injury facility for medical expenses only. The insurer contended that the plaintiff’s patient did not suffer from a TBI as a result of being hit as a pedestrian.

The insurer hired three experts to opine that all of the plaintiff’s treatment was the result of pre-existing mental health conditions and not a TBI.

Plaintiff’s counsel, through a special jury instruction on causation, was able to prove the plaintiff had a TBI and it was one of the reasons she required treatment even though there were other independent causes.

Short of trial, the insurer paid the three years of outstanding expenses.

Dustin Hoff, counsel for the plaintiff, provided case information.

Type of action: No-fault

Injuries alleged: Traumatic brain injury

Name of case: Confidential

Court/Case no./Date: Confidential; 05/28/2024

Tried before: Mediation

Settlement amount: $850,000

Attorneys for plaintiff: Dustin C. Hoff and David E. Christensen, Southfield

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