Personal Injury Lawyer Blog
The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit 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 personal injury lawsuit and its proceedings.)
CLAIMED INJURIES
According to Plaintiff: After the accident, plaintiff complained of a head laceration, neck pain, right flank and hip pain and bruising, right shoulder pain, back pain, and a possible loss of consciousness. He was taken to an emergency room. Initial x-rays of his right hip found no fracture; however, due to persistent pain, an MRI was performed, which revealed acute fractures of the right sacral ala, superior and inferior rami, and public fractures. A CT scan of his head was reported to show no acute findings. He was diagnosed with right sacral and pelvic fractures and lumbar and sacral tenderness. On August 3, 2008, plaintiff reported feeling numbness in his left leg. An examination found palpable tenderness in the right groin over the ramus and in the posterior right sacral region. On August 6, 2008, he was examined by another doctor and he reported continued morning headaches. X-rays of his right ribs taken on August 10, 2008 revealed a non-displaced fracture of the anterior segment of the eighth rib. By September 3, 2008, plaintiff’s headaches were becoming more severe, with confusion, altered mental status, blurred vision, lower extremity tremors, and numbness. A CT scan revealed a 2.5 cm hematoma on the left cerebral hemisphere and midline shift. He was admitted to a hospital, and burr holes were done for drainage. The following day, a CT scan found more hemorrhage and a craniotomy was performed. He was discharged on September 14, 2008. Plaintiff was subsequently diagnosed with disc bulges at L3-L4 and L4-L5, severe spinal stenosis at L4-L5, and L5-S1 facet hypertrophy. He underwent physical therapy from April 14, 2009 until May 25, 2009, and he underwent an epidural injection on January 14, 2010. He underwent a surgery at L4-L5. Plaintiff claimed that he had cognitive deficits and experiences memory loss, confusion, and right arm tremor. Plaintiff’s counsel argued that plaintiff’s relationship with his wife and his quality of life had been affected by his injuries. He suffers from depression and a personality change, with him being more aggressive and argumentative with a shorter temper. Plaintiff’s counsel argued that this was an effect of the closed-head injury. Defense counsel disputed the traumatic brain injury claims and the need for back surgery.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
CLAIMED DAMAGES
According to Plaintiff: $200,000 past medical; $40,000 future medical; $1,500,000 past pain and suffering; $2,000,000 future pain and suffering.
SETTLEMENT DISCUSSIONS
According to Plaintiff: Demand: $2,000,000; Offer: $50,000 at time of trial.
SUMMARY:
Verdict/Judgment: Plaintiff
Verdict/Judgment Amount: $3,750,000
The jury found that Interstate and Martinez were negligent. $200,000 past medical; $40,000 future medical; $1,500,000 past pain and suffering; $2,000,000 future pain and suffering.
Trial Type: Jury
Trial Length: 4 weeks.
Deliberations: 6 hours.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.