Diffuse Axonal Brain Injuries in Car Accidents

Our lawyers at Miller & Zois handle personal injury cases involving all types of traumatic brain injuries. Whether they result from a car or truck accident or a serious fall, brain injuries are always serious. Our attorneys have handled scores of diffuse axonal injuries.

This page is about diffuse axonal injury claims. We discuss what is unique about this injury, how DAI brain injury lawsuits work, the trial value and settlement compensation payouts in these cases, and the medical literature used by attorneys and medical experts in this type of brain injury litigation.

What Is a Diffuse Axonal Injury?

Brain injuries may be focal or diffuse. A focal injury involves localized damage, often a contusion on the surface of the brain. Usually, a blow to the head is the source of a focal injury. Diffuse axonal injury is an important type of damage in closed head injuries and may not be visible on conventional CT scans or even routine MRI imaging, particularly when the axonal damage is microscopic.

A diffuse axonal injury is the consequence of acceleration or deceleration of the head, particularly when rotational forces are involved. This causes deformation of the brain tissue, leading to shearing and stretching injuries to the brain’s delicate white matter. Many head injuries involve both focal damage and diffuse axonal injuries.

A diffuse axonal injury (DAI) occurs when nerve fibers called axons are stretched, disrupted, or torn by the forces generated during a traumatic impact.

A severe diffuse axonal injury is one of the most serious and deadly types of traumatic brain injury because it can damage numerous parts of the brain. Our lawyers see these types of cases more commonly in serious truck accidents than ordinary car accidents because the forces involved can be much greater. Victims with severe DAI may remain in a coma, suffer profound neurological disability, or die from their injuries.

There is no single reliable mortality percentage that applies to every diffuse axonal injury. The outcome depends heavily on the severity of the trauma, the parts of the brain affected, associated injuries, and complications such as reduced oxygen delivery or low blood pressure. A 2016 study by Vieira and colleagues followed 78 patients with DAI and reported a six-month mortality rate of 30.8%. That number reflects a particular group of hospitalized patients with serious injuries. It should not be treated as the mortality rate for everyone diagnosed with DAI.

What Does Axonal Mean?

DAI falls under the category of diffuse brain injury. A diffuse brain injury involves brain damage that occurs over a wide area instead of one specific location. The term “axonal” refers to the axons, the nerve fibers that carry signals from neurons in the brain.

Axons are critical to brain function because they transmit electrical impulses between nerve cells. When the axons are damaged, it disrupts the transmission of those electrical signals. This can interfere with movement, memory, attention, behavior, consciousness, and many other functions.

What Causes Diffuse Axonal Injury?

DAI is usually caused by trauma that produces rapid movement of the head. But the damage does not necessarily require a direct blow to the skull. The axonal injury can result from the brain rapidly shifting and rotating inside the skull during acceleration or deceleration.

Rotational acceleration is particularly important. In a 2006 study of vehicle crash-test data, researchers using a computer model found that rotational acceleration contributed more than 80% of the calculated brain strain. That result was specific to the crash-test conditions and model studied, but it helps explain why rapid changes in head movement can cause serious brain injuries.

The movement causes different parts of the brain to deform and move relative to one another, resulting in what is often called a shearing injury. The damage may produce small lesions in the brain’s white matter, sometimes accompanied by tiny hemorrhages.

Axonal injury can also set off secondary damage in the hours and days following the accident. Swelling, impaired blood flow, inflammation, and disruptions in the normal functioning of nerve cells can make an already serious injury worse.

What Types of Accidents Cause Diffuse Axonal Injury?

Diffuse axonal injury, sometimes called a “shearing” injury, occurs when rapid acceleration, deceleration, or rotation of the head produces damaging forces in the brain. This can happen when the head moves violently during a motor vehicle collision.

Direct impact on the head is not necessary for DAI to occur. Serious car and truck accidents are important causes of diffuse axonal brain injuries. But diffuse axonal injury can also result from falls, assaults, sports injuries, and other traumatic events.

Some common traumas that can cause a diffuse axonal injury include:

• Automobile accidents
• Truck and motorcycle accidents
• Sports-related accidents
• Falls
• Violent fights or attacks
• Abusive head trauma in infants and young children

Concussions and diffuse axonal injuries can overlap in their symptoms. Some patients with traumatic brain injuries have cognitive problems, headaches, and dizziness without obvious lesions on their initial imaging. Doctors evaluate the history of the injury, neurological examination, imaging, and the patient’s recovery rather than treating concussion and DAI as interchangeable diagnoses.

What Is the Pathophysiology of a Diffuse Axonal Brain Injury?

The pathophysiology of a diffuse brain injury involves mechanical forces, often rotational, that disrupt connections between neurons. The damage frequently involves white matter tracts and, in more severe cases, the corpus callosum and brainstem.

As we discuss above, studies have examined the relationship between the location and number of visible lesions and the severity of the injury. But the total number of lesions does not tell the whole story. The location of the damage, the patient’s neurological examination, and complications after the accident may all influence the outcome.

What Are the Grades of Diffuse Axonal Injury?

Diffuse axonal injuries are often divided into three grades. This is referred to as the Adams classification. The original system was based on the pathological location and extent of damage to the brain. Doctors also use related MRI grading systems to describe where the injury appears on brain imaging.

• Grade 1: This is the mildest category in the traditional classification. It involves microscopic axonal damage in the brain’s white matter, without the additional focal lesions that distinguish Grades 2 and 3.
• Grade 2: This is a more extensive injury. In addition to the diffuse axonal damage, there is a focal lesion in the corpus callosum, the structure connecting the brain’s two hemispheres.
• Grade 3: This is the most severe category in the traditional classification. It includes additional focal lesions involving the brainstem. Brainstem injury is particularly concerning because of the brainstem’s role in consciousness and other essential functions.

Grade 3 Diffuse Axonal Injury Recovery and Prognosis

Grade 3 diffuse axonal injury is an especially serious diagnosis. The involvement of the brainstem raises concern about prolonged unconsciousness and permanent neurological disability.

One small study of 25 patients examined how long it took patients to regain consciousness based on the severity of their DAI on MRI. Among the Grade 3 patients who recovered consciousness, the average time was approximately 60 days. Patients with less extensive injuries generally recovered consciousness sooner.

That study is useful, but it does not mean every Grade 3 survivor will awaken after two months. Some regain consciousness much sooner. Others take longer, and some never recover consciousness. The researchers themselves reported a wide range of outcomes.

Why Grade 3 DAI Does Not Always Mean the Same Prognosis

This is an important point in the medical literature, and it is particularly relevant to families trying to understand a Grade 3 diagnosis.

A 2017 study by Izzy and colleagues examined 39 patients with moderate-to-severe traumatic brain injuries. The researchers looked at tiny areas of bleeding in different parts of the brainstem and compared those MRI findings with the patients’ functional outcomes one year later.

The findings suggested that injuries involving the dorsal brainstem, especially areas connected to the brain’s arousal networks, were more strongly associated with poor outcomes than the total number of microbleeds throughout the brain.

What does that mean for a person with Grade 3 DAI? Two patients can both have brainstem injuries and receive the same Grade 3 classification, yet have very different recoveries. The precise location of the injury may be especially important.

The study does not provide a perfect way to predict recovery. It was relatively small, and the researchers cautioned against relying on any single imaging finding to forecast a patient’s future. But it explains why a Grade 3 label should not be treated as a complete prognosis.

For our lawyers, these distinctions also matter when proving a brain injury case. The same diagnosis can lead to very different levels of permanent disability, future care needs, and lost earning capacity.

What Are the Symptoms of Diffuse Axonal Injury?

The chief symptom in many severe DAI cases is a loss of consciousness or coma. Survivors with less extensive axonal injuries may remain conscious after the accident but still experience other signs and symptoms of brain damage.

The symptoms of DAI can vary widely. Each injury is unique, and different parts of the brain can be affected. Some common signs and symptoms of brain damage from a diffuse axonal injury include:

• Disorientation or confusion
• Throbbing headaches
• Nausea and vomiting
• Fatigue
• Difficulty sleeping or sleeping longer than usual
• Dizziness
• Lack of balance and coordination
• Problems with memory and concentration
• Changes in behavior or personality

A more severe diffuse axonal brain injury can cause a prolonged coma that varies in duration based on the severity and location of the lesions. High-speed collisions, prolonged unconsciousness, and severe neurological impairment are frequently seen in serious DAI cases. These are just really awful injuries.

Our lawyers have had very tragic cases where the victim who suffered a severe diffuse axonal brain injury remained unconscious or severely disabled until death.

Which Is the Chief Symptom of Diffuse Axonal Injury in a Patient With Traumatic Brain Injury?

We talk about all of the symptoms above, but the most concerning symptom in severe diffuse axonal injury is a prolonged disturbance of consciousness, including coma.

Headaches are common after traumatic brain injuries and may occur in people with less extensive axonal injuries. But a headache is not specific to DAI, and it does not establish the diagnosis by itself.

How Is Diffuse Axonal Injury Diagnosed?

Diagnosing a DAI can be difficult. Patients with severe injuries may be unconscious and unable to tell doctors how the injury occurred or what symptoms they are experiencing. Doctors rely on the circumstances of the trauma, neurological examinations, and diagnostic testing.

Another problem is that the initial imaging may not show all of the damage. A patient can suffer a significant traumatic brain injury even when the first CT scan appears relatively normal.

• Magnetic Resonance Imaging (MRI): MRI is generally more sensitive than CT for detecting the small lesions associated with diffuse axonal injury. Different MRI sequences can reveal different abnormalities. Susceptibility-weighted imaging (SWI) and gradient-recalled echo (GRE) can help detect small traumatic hemorrhages, while diffusion-weighted imaging (DWI) may show other areas of injured tissue.
• CT Scan: CT is usually the first brain imaging test performed after a serious head injury because it is fast and useful for identifying major bleeding, swelling, fractures, and injuries requiring urgent treatment. But CT may miss many of the small lesions associated with DAI.
• Evoked Potentials: These tests, including SSEP, BAER, and VEP, assess particular sensory pathways and neurological functions. They may help physicians evaluate patients with serious neurological injuries, although they do not independently establish a diagnosis of diffuse axonal injury.
• Electroencephalogram (EEG): An EEG measures electrical activity in the brain. It can help detect seizures or other abnormalities in patients with traumatic brain injuries. It does not directly show the damaged axons.

Diffusion tensor imaging (DTI) is another MRI technique that can evaluate the organization of white matter tracts. It has attracted considerable attention in brain injury research and litigation. But findings must be interpreted carefully. An abnormal DTI result is not automatically proof that a particular accident caused a traumatic axonal injury, just as a normal conventional scan does not rule out every form of brain injury.

In litigation, we want to know which imaging sequences were used, when the scans were performed, and whether the radiologist and neurologist agree about the findings. The medical records and the patient’s neurological course also matter.

Can You Recover from Diffuse Axonal Injury?

Diffuse axonal injuries require immediate treatment to help prevent additional damage to the brain. The early focus is on protecting the injured brain, maintaining adequate oxygen delivery and blood pressure, monitoring for dangerous swelling, and treating other complications.

When intracranial pressure becomes dangerously elevated, doctors may use medications or procedures to control the pressure. Some patients require surgery to address associated bleeding or other traumatic injuries.

Steroids are not recommended to treat severe traumatic brain injury or reduce intracranial pressure. The Brain Trauma Foundation guidelines advise against this treatment because high-dose methylprednisolone has been associated with increased mortality in patients with severe TBI.

Unfortunately, there is no surgery available that can simply repair the widespread damaged axons in a DAI. Surgery may address certain complications, but doctors cannot reconnect disrupted nerve fibers throughout the brain.

If a person has sustained a less severe axonal injury, rehabilitation may help the patient recover lost abilities. Some patients with relatively mild injuries are able to return to their normal activities. Others require extensive rehabilitation once their medical condition has stabilized.

Rehabilitation for DAI usually involves a multidisciplinary team of doctors who can create an individualized recovery plan to address the patient’s specific needs. This team may include neurologists, brain injury specialists, rehabilitation physicians, nurses, counselors, and physical and occupational therapists.

The goal of treatment is to restore as much function as possible and help the patient regain independence. It can take months or even years for recovery and rehabilitation to progress. Rehabilitation treatments often include:

• Speech therapy
• Physical therapy
• Occupational therapy
• Recreational therapy
• Adaptive equipment training
• Counseling

For severe cases of DAI, the prognosis can be bleak. Some patients never regain consciousness. Others survive but are left with serious disabilities that require assistance with everyday activities, supervision, or lifelong care.

Are Diffuse Axonal Injuries Curable or Reversible?

Once someone suffers a diffuse axonal injury, there is no treatment that can reliably restore all of the damaged nerve fibers or brain tissue. But that does not mean recovery is impossible. The brain can sometimes adapt, and patients can regain functions through healing, rehabilitation, and changes in how the brain’s remaining networks operate.

As far as whether the condition is “reversible,” there is no clear-cut answer.

Each case of DAI is different, and recovery depends on factors such as the severity of the damage, location of the damage, complications, and the patient’s neurological condition. People with less extensive axonal injuries may recover substantially. Patients with severe injuries may be left with lasting limitations even after significant rehabilitation.

What Is the Prognosis for Diffuse Axonal Injuries?

The prognosis for severe diffuse axonal injuries is often poor. Many people do not survive the most severe head injuries. Others survive but have major and permanent neurological impairments.

For those who regain consciousness, the long-term outcome varies. Some people are able to communicate, walk, work, and regain substantial independence. Others cannot return to work or live independently. Even patients who make a significant physical recovery may have problems with memory, judgment, concentration, fatigue, and behavior.

One of the difficulties for families is that doctors may not be able to predict the eventual outcome early in the hospitalization. The extent and location of the injuries matter, along with the clinical examination and the patient’s progress over time.

This uncertainty is particularly important in Grade 3 cases. As discussed above, studies of Grade 3 diffuse axonal injury show that the location of brainstem damage and the patient’s clinical condition can affect recovery. A diagnosis alone cannot tell a family precisely what the future will look like.

Does MRI Show an Anoxic Brain Injury?

Yes. MRI can show anoxic or hypoxic-ischemic brain injury, and diffusion-weighted MRI can sometimes detect abnormalities within the first hours after oxygen deprivation or loss of blood flow. The appearance of the injury changes over time, and early scans are not always conclusive.

Diffuse axonal injury and anoxic brain injury are different conditions. DAI results from traumatic forces damaging nerve fibers. Anoxic or hypoxic-ischemic brain injury results from inadequate oxygen delivery or blood flow to the brain.

Both types of injury can occur in the same patient, particularly after a catastrophic accident involving cardiac arrest, severe blood loss, or other complications. Doctors may use the MRI findings, neurological examination, and medical history to distinguish the two mechanisms.

What Determines the Settlement Value of a Diffuse Axonal Injury?

Diffuse axonal injury cases can have enormous settlement and trial values because the damage may affect almost every part of a person’s life. But there is no meaningful average settlement amount that applies to every DAI case.

A patient who recovers from a less severe injury and returns to work has a very different case from someone who remains unconscious, cannot communicate, or requires lifelong nursing care.

Our lawyers look at the severity of the injury, the medical evidence, the impact on the victim’s life, and the financial losses that are likely to continue into the future.

Medical Evidence and Permanent Neurological Impairment

In these cases, the MRI findings are important. So are the neurologist’s opinions, the rehabilitation records, and the findings of any neuropsychological testing.

One of the challenges in brain injury litigation is that the victim may have significant cognitive problems even when they look reasonably healthy. Memory loss, poor judgment, inability to concentrate, and personality changes can make it impossible for someone to return to work or live independently.

We want witnesses who knew the person before the accident and can explain the difference. Family members, friends, coworkers, and treating therapists may be able to tell the jury what the medical records alone cannot fully convey.

Future Medical Care and Life-Care Plans

The cost of future care is often one of the largest components of a severe DAI claim. Someone with permanent neurological damage may need years or decades of medical treatment, rehabilitation, assistance with basic activities, and supervision.

In catastrophic cases, experts may prepare a life-care plan addressing future medical expenses, nursing care, therapy, medications, adaptive equipment, transportation, and modifications to the person’s home.

These expenses can be substantial. The family may already be providing care every day, but that does not mean the cost of that care should be ignored when calculating the victim’s losses.

Lost Income and the Loss of Independence

A victim who suffers permanent cognitive or physical impairment may never be able to return to the same job. Some will never work again. Economists and vocational experts may be needed to explain the amount of future income the victim is likely to lose.

But the harm goes well beyond lost wages. There is also the loss of independence, relationships, activities, and the ability to enjoy life. A person who once supported a family may become dependent on that family for nearly every part of daily living.

This is why the pain and suffering damages in these cases can be substantial. The jury needs to understand what the victim has lost, even when the victim cannot testify or describe the loss personally.

Insurance Coverage and the Ability to Collect a Judgment

Another major factor in DAI settlement amounts is the available insurance coverage. A brain injury claim may have a trial value in the millions, but the negligent driver may carry only a relatively small liability policy.

We have seen many cases where insurance limits are the real obstacle to justice. Even when the medical damages are overwhelming, the victim may not be able to collect the full value of the case.

That is why our lawyers investigate all potentially responsible parties, available liability insurance, uninsured or underinsured motorist coverage, and the defendant’s assets. In truck accident cases, the available commercial insurance may be substantially greater than the limits available in an ordinary car accident.

The verdicts and settlements below illustrate just how widely these cases can vary.

Settlements and Verdicts for Diffuse Axonal Brain Injuries

Below is a summary of the underlying facts in reported verdicts and settlements from cases involving a diffuse axonal brain injury. These should be used for informational purposes only, as all cases are unique and the compensation varies wildly for seemingly similar injuries.

Still, getting some idea of what the payouts can look like in these cases helps victims, their families, and lawyers better understand the settlement value of these cases.

Some of these results involve additional catastrophic injuries or claims against multiple defendants. Others were limited by insurance coverage. The amount of a verdict also does not necessarily tell us how much money was ultimately collected.

• Al Rabadi v. Three Amigos Restaurant Group LLC (Nevada 2026), $56.5 Million Verdict: A U.S. Navy service member suffered a diffuse axonal brain injury after being kicked in the head during a fight that began at a Las Vegas restaurant. The plaintiff alleged that the restaurant’s security personnel escalated a verbal confrontation instead of calming things down, allowing the fight to spill into the street. The brain injury left him with permanent cognitive problems and damaged his technical career in the Navy. The defense disputed the severity of his injuries, as it always does in these cases. His attorneys initially demanded $5 million to settle the case, which the defense rejected. The defense eventually offered $5 million shortly before trial, but it was too late at that point.  A Nevada jury told them they made a mistake, awarding $56.5 million, including $41.5 million in future damages. The case illustrates the enormous value a jury can place on permanent brain damage and lost future earning capacity.
• Texas 2025, $2.5 Million Settlement: A passenger suffered a traumatic brain injury and orthopedic injuries in a fiery head-on collision caused by an intoxicated driver. The defense argued that the plaintiff’s injuries could not be that serious because he had returned to his career as an engineer, received promotions, and was earning more money than before the accident. His attorneys presented MRI findings that their radiologist identified as subtle evidence of diffuse axonal injury, along with neuropsychological testing and testimony from family members and others who described changes in his memory, personality, and cognitive abilities. The defense also argued that the plaintiff’s failure to wear a seat belt contributed to his injuries. The case settled for $2.5 million. This is a particularly useful example because the plaintiff was able to return to work and live independently, yet still had a significant brain injury claim.
• G.R. v. City of New York (New York 2024), $425,000 Settlement: The plaintiff, 38 years old, reportedly was at a subway station operated by the City of New York and New York City Transit Authority when he was struck in the head by a turnstile as he attempted to enter. The plaintiff suffered a mild traumatic brain injury, diffuse axonal injury, and post-concussion syndrome. He alleged that the defendants failed to maintain their property in a reasonably safe condition, failed to warn of the dangerous turnstile, and failed to prevent pedestrians from encountering the allegedly defective equipment. The case settled for $425,000.
• S.M. v. Tuliszewski (Colorado 2023), Reported $29.9 Million Result: The plaintiff, a four-year-old girl, reportedly was a rear-seat passenger in a vehicle involved in a collision when the defendant executed a left turn across oncoming traffic. The child was hospitalized for 68 days and suffered multiple facial fractures and a severe traumatic brain injury with right temporal and bilateral frontal brain hemorrhages, diffuse axonal injury, and seizures. According to the plaintiff, experts agreed that she would be unable to live or work independently and would require continuing medical care. This is the kind of injury where future care and loss of independence can drive an enormous damages claim.
• E.M. v. Romano (Pennsylvania 2023), $425,000 Settlement: The plaintiff, a 12-year-old boy, was struck by the defendant while crossing the street. The plaintiff claimed to have suffered a diffuse traumatic brain injury with loss of consciousness, subarachnoid hemorrhage, intraventricular hemorrhage, diffuse axonal injury, acute respiratory failure, and other injuries. The case settled for $425,000. It illustrates the range of traumatic findings that can accompany a DAI diagnosis.
• Estate of Daniels v. Gallatin County (Montana 2021), $12.4 Million Verdict: A 27-year-old woman was T-boned by a snowplow. She sustained a traumatic brain injury, subarachnoid hemorrhaging, diffuse axonal brain injury, brain atrophy, and intracranial bleeding. The woman spent two weeks in an induced coma. She was left with permanent scars, anxiety, depression, and cognitive, physical, behavioral, and emotional impairments. The woman alleged negligence against the snowplow driver, claiming he ran a stop sign, and asserted vicarious liability against Gallatin County. She received a $12.4 million bench verdict.
• Barrett v. Penndel Bar Inc. (Pennsylvania 2021), $125,000 Settlement: A 31-year-old pedestrian was struck after leaving a bar. He suffered a diffuse axonal brain injury, intracerebral hemorrhage, pneumonia, and respiratory dysfunction. The man underwent intubation and became incapacitated. He later resided in a nursing home. His father alleged that the bar violated dram shop laws and that the Borough of Penndel negligently maintained the streetlights. The lawsuit settled for $125,000. Severe injuries do not always produce large settlements when liability, coverage, or collectibility becomes an obstacle.
• Cundey v. Rantz (New Jersey 2019), $1.2 Million Settlement: A minivan struck a 10-year-old cyclist head-on. The girl suffered a loss of consciousness and a diffuse axonal brain injury. She was left with permanent brain damage, cognitive deficits, aphasia, dysphagia, and incontinence. The girl underwent cognitive, physical, speech, and occupational therapies. Her neurology expert testified that she was at risk of developing early-onset dementia. The girl’s mother alleged that the driver’s negligence caused her permanent injuries. This case settled for $1.2 million.
• Porter v. Herrera (Texas 2019), $1,691,412 Verdict: A 62-year-old woman was rear-ended by an 18-wheeler. She suffered a diffuse axonal brain injury, concussion, neck sprain, multiple contusions, disc bulges, spinal stenosis, and a coccyx subluxation. The woman sustained cognitive impairments, memory problems, concentration difficulties, post-traumatic stress disorder, and anxiety. She underwent conservative treatments and psychotherapy. Her neurologist testified that her brain injuries significantly increased her dementia risk. The woman alleged that the truck driver’s negligence caused her permanent injuries. A jury awarded approximately $1.69 million. The verdict was also reported in Texas motor vehicle accident verdict rankings.

See More Diffuse Axonal Injury Settlements and Verdicts

• Mazzeo v. Hillborn Jr. (Pennsylvania 2018), $130,000 Settlement: A 12-year-old passenger was struck head-on. She suffered a diffuse axonal brain injury, vertebrae fractures, bilateral femur fractures, abdominal degloving, and colon damage. The girl required a colostomy. Her mother claimed the other driver negligently drove into oncoming traffic. This case settled for $130,000.
• E.R., Pro Ami v. Toyota Motor Sales U.S.A. (Texas 2018), $242.1 Million Jury Verdict: Two young children were riding in the back seat of a Lexus when the vehicle was rear-ended. The five-year-old girl suffered a diffuse axonal brain injury, skull fractures, and other permanent injuries. Her younger brother suffered a traumatic brain injury and skull fractures. Their parents alleged that the vehicle’s defective front seats collapsed backward during the collision, causing catastrophic injuries to the children. The jury returned a verdict of approximately $242.1 million, including substantial punitive damages. The judgment was subsequently reduced to approximately $213 million. This was a product liability case involving two injured children, their parents, and punitive damages. It is not a measure of the value of an individual diffuse axonal injury claim. Read about the verdict and judgment.
• Plaintiff v. Defendant Property Manager (New York 2018), $3 Million Result: The plaintiff, a 28-year-old marketing associate, was hit in the head by a heavy ceiling tile that fell from the ceiling of an office building. Initially, his head injury appeared to be minor, but it was later determined that he suffered diffuse axonal shearing. The injury left him with permanent cognitive disabilities that prevented him from working.
• Clarke v. Austin (New York 2017), $50,000 Settlement: The defendant driver struck an eight-year-old pedestrian at a busy intersection. The impact caused the boy to suffer a diffuse axonal brain injury of moderate severity and a subdural hematoma. The case settled for $50,000. Why so little? This is another case where an awful claim was limited by inadequate insurance coverage and insufficient additional coverage to compensate the child fully.
• K.D., Pro Ami v. State Farm (California 2017), $125,000 Settlement: The plaintiff, 13 years old, was crossing the street on his skateboard when he was run over at low speed by a teenage driver making a left turn. The plaintiff suffered a diffuse axonal injury. He also fractured his hip and lost several teeth. The case settled for the full policy limits of $125,000. This award certainly seems light, right? Sometimes, the insurance policy limits make justice impossible.
• Moore v. State of California (California 2017), $59.2 Million Verdict: The primary plaintiff was a 20-year-old road excavation worker who was run over at a highway job site. He suffered a severe diffuse axonal brain injury that left him in a permanent vegetative state. He hired a brain injury lawyer and sued the California Department of Transportation for negligently failing to control traffic and ensure safety at the roadwork site. His coworker, who nearly was hit and witnessed the accident, also sued for emotional distress. A jury in Humboldt County found the transportation agency liable and awarded $59.2 million in damages.
• Rogers v. Major (New York 2014), $100,000 Settlement: The plaintiff, a 22-year-old college student, was walking across a city intersection when he was struck by a car. The plaintiff suffered a diffuse axonal injury resulting in significant mental impairment. The case settled for policy limits. This is another example of how inadequate insurance can prevent a seriously injured person from recovering compensation that reflects the full value of the injury.
• Chadez v. Garfara Transport (California 2012), $1 Million Settlement: The plaintiff lost control of her car on a highway and, after coming to a stop, was rear-ended by the defendant driving a large tractor-trailer truck. The plaintiff suffered a diffuse axonal injury with intracranial hemorrhaging. She also fractured several ribs. The case settled for the truck company’s policy limits.
• Neidinger v. American Mutual Ins. (Wisconsin 2010), $1.1 Million Settlement: The plaintiff was jogging on a sidewalk when she was hit from behind by a 2000 Chevy Impala. The impact caused scattered diffuse axonal injuries to her brain. She also suffered an AC shoulder tear, a dislocated knee, and other injuries. The case settled after a pretrial settlement conference.
• Scrodin v. Redwood Fire & Casualty Co. (California 2010), $1 Million Result: A 48-year-old small business owner was sideswiped on the highway. His car rolled over numerous times. The plaintiff suffered fractured ribs, a fractured shoulder, and diffuse axonal brain damage, leaving him with permanent memory loss, total loss of smell and taste, and other cognitive problems.
• Weimer v. Classen (Washington 2008), $500,000 Settlement: The plaintiff, a 29-year-old construction worker, was riding his motorcycle when a left-turning transport van struck him. He suffered a diffuse axonal brain injury and was in a coma for over a month before he eventually died. The case settled for policy limits of $500,000.
• Dahl v. Joussett (New Jersey 2007), $595,000 Result: The plaintiff, a 19-year-old student, was stopped at a red light when she was rear-ended by a drunk driver. She suffered diffuse axonal brain damage that left her with speech difficulties and balance problems. She also suffered back injuries and a fractured hip.

Contact Miller & Zois About Diffuse Axonal Brain Injuries

If you or a family member suffered a diffuse axonal brain injury (or another type of brain injury) in an accident caused by someone else’s negligence, contact Miller & Zois. Cases involving brain injuries are more complicated than other types of personal injury cases. You need lawyers who are experienced and understand the science of brain injuries.

The brain injury attorneys at Miller & Zois can help you investigate your case and find out if you may be entitled to compensation. If you have a brain injury case and want an experienced firm that can take the case to trial, call 800-553-8082 or get a free online consultation here.

Supporting Axonal Brain Injury Literature

• Izzy S., et al. Revisiting Grade 3 Diffuse Axonal Injury: Not All Brainstem Microbleeds are Prognostically Equal. Neurocritical Care. 2017;27(2):199-207. This study examined the importance of brainstem lesion location in predicting long-term outcomes.
• Vieira R., et al. Diffuse Axonal Injury: Epidemiology, Outcome and Associated Risk Factors. Frontiers in Neurology. 2016;7:178. This study examined mortality, disability, and factors associated with recovery in a group of 78 patients with DAI.
• Zhang J., et al. Brain Strains in Vehicle Impact Tests. Annual Proceedings of the Association for the Advancement of Automotive Medicine. 2006;50:1-12. This study examined the relative contributions of rotational and translational acceleration to brain strain in modeled vehicle collisions.
• Anderson R., et al. Impact Mechanics and Axonal Injury in a Sheep Model. Journal of Neurotrauma. 2003;20(10):961-974.
• Adams J., et al. Diffuse Axonal Injury Due to Nonmissile Head Injury in Humans: An Analysis of 45 Cases. Annals of Neurology. 1982;12(6):557-563.
• Adams J., et al. Diffuse Axonal Injury in Head Injury: Definition, Diagnosis and Grading. Histopathology. 1989;15(1):49-59. This paper describes the traditional pathological grading of DAI.
• Park S. J., et al. Time to Recover Consciousness in Patients With Diffuse Axonal Injury: Assessment With Reference to Magnetic Resonance Grading. Journal of Korean Neurosurgical Society. 2009;46(3):205-209.
• Brain Trauma Foundation. Guidelines for the Management of Severe Traumatic Brain Injury, Fourth Edition. These guidelines address acute treatment, intracranial pressure, and the risks associated with corticosteroid treatment.