The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/personal injury case and its proceedings.)
Plaintiff next treated at Occupational Medical Center on July 14, 2004, with complaints of pain in the left thigh, left groin, pelvis, and left lower abdomen. He was diagnosed with a left thigh strain, left groin strain, abdominal wall strain, testicular contusion, left thigh contusion, chest wall contusion, and closed head injury. He was referred to physical therapy and placed on temporary disability. Plaintiff was evaluated again on July 19, 2004, at which time his complaints remained the same and he was to continue with physical therapy.
Plaintiff then waited more than two months after the car accident to seek further medical treatment, when he presented to orthopedic surgeon Dr. James Black on October 12, 2004, with complaints of pain in the lumbar spine, right buttock which radiated to the right foot, as well as pain in the left thigh and groin. He was referred to physical therapy. By a November 28, 2004 visit, it is noted that the physical therapy had improved his symptoms, and he was released to return to his job as an emergency responder for vehicles that are disabled on toll bridges, on or about November 29, 2004. Thereafter, plaintiff has only seen Dr. Black sporadically and returned to work at a physical job, with the exception of occasional flare ups where Dr. Black has taken him off work for short periods of time.
At the time of trial, plaintiff presented to the jury $15,221.75 in medical specials. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff testified at trial that he currently has pain in the left hip/pelvis area which he rates as a 3 on a scale of 0-10. He did experience more acute flare ups 1-2 times a year since he has been released back to work and has returned to Dr. Black, who has sent him to physical therapy and taken him off work for a week or two.
In terms of future treatment and care, Dr. Black testified that the only treatment he could offer plaintiff for this injury was physical therapy and medication. He released plaintiff to go back to work in November 2004 and since that time, plaintiff has returned to his office 1-2 times a year for flare ups at which time Dr. Black has taken him off work for 1-2 weeks. Dr. Black testified that he expected that plaintiff would have on-going pain for 3-5 years following the accident however, because the case was already 3.5 years after the accident, he would expect that plaintiff will have the on-going pain for another 1.5 years.
Since being released back to work in November 2004, plaintiff estimated that he has missed a total of six weeks of work due to this accident. Plaintiff testified that his total past lost wages were $28,686 however, there was no documentary evidence was admitted in support of this testimony. (See Part 3 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.