Background:
Ms. Polak was driving to her son’s graduation when she was rear-ended by Mr. Perea’s vehicle. After the accident, she suffered dizziness, headaches, and chronic pain, which worsened over time. Despite treatment, she developed mild traumatic brain injury (MTBI) and cognitive difficulties that impaired her ability to work and engage in daily activities.

Key Legal Issues:
The court needed to determine the extent of Ms. Polak’s injuries, including physical and cognitive impairments, and her entitlement to compensation. Though liability was admitted, the case focused on the severity of her injuries and their impact on her employment.

Injuries and Impacts:
Ms. Polak suffered chronic neck pain, frequent headaches, and cognitive issues such as memory loss. She also experienced difficulties in daily functioning and work-related limitations. Despite these injuries, the court found some inconsistencies in her work history and pre-accident condition.

Damages Awarded:
The court awarded Ms. Polak $371,505, including $145,000 in non-pecuniary damages, $70,000 for past wage loss, $135,000 for future loss of earning capacity, $5,700 for future care, and $15,805 in special damages.