Personal Injury Lawyer Blog
The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)
XYZ argued that Defendant allowed too many passengers on board (there were 19 on board, who had a combined weight of 2,830 lbs, which was under the weight capacity number at the time on the incident), too many people in the bow, and that he failed to shift the throttle to neutral once water started swamping the bow. XYZ argued that none of these acts were foreseeable and attributed 100 percent of the responsibility for the incident to Defendant.
Although Defendant had been drinking before the incident, he registered a blood-alcohol level of 0.05 percent 45 minutes after the event, below the legal limit. He was arrested at the scene and later pleaded no contest to negligent operation of a watercraft. Defendant testified that he was aware of the capacity limits but believed the boat could operate at maximum capacity.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
CLAIMED INJURIES
According to Plaintiff One: Plaintiff One sustained multiple fractures to her skull, lost her left eye, and sustained significant, permanent brain damage and extreme emotional distress. She is living semi-independently in Chico and is able to work part-time in a highly supervised and supported capacity. She requires regular monitoring, guidance, and supervision throughout the day. She will require major assistance for activities of daily living for the rest of her life. Plaintiff One was 22-years-old at the time of the incident, a recent graduate of California State University at Sacramento with a business degree, and a sales clerk. Plaintiff Two: Plaintiff Two sustained deep, permanent lacerations that severed muscle and nerves in her left elbow and lower back. She has deep, permanent, and disfiguring scars on her lower back. She also suffered emotional harm.
CLAIMED DAMAGES
According to Plaintiff One: Plaintiff One claimed economic damages for medical expenses and income loss for both past and future totaling $4.5 million. She also claimed non-economic damages as a result of the significant brain injury and the ultimate impact on her quality of life. Plaintiff Two: Plaintiff Two requested economic damages for medical expenses in the amount of $55,688, as well as non-economic damages for emotional distress and disfigurement due to the scarring left by the propeller striking her buttocks and back.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.