Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
C. Andy Bates: Loss of Income
Andy Bates is married to Susan Bates. He is currently employed as a shift leader at Denny’s Restaurant in Roseville. He works 35-40 hours per week earning $9.00 per hour. His average salary is, therefore, $333.00 per week, or $1,398.60 per month, or $16,783.20 per year.
In 2003, the Sacramento Superior Court appointed Andy and Susan as permanent legal guardians of two boys born to Susan’s brother, who were not getting proper parental care. The children were James (age 4 at the time) and Sean (age 9 months at the time). Shortly thereafter, Susan’s nephew also relinquished his parental rights to his daughter, Carli (age 5 at the time) and she was also placed with Susan and Andy. As a result, since 2003, all three children have been taken into Susan’s and Andy’s home and raised as their own children, with Andy serving as father and Susan as mother.
Prior to her paralysis Susan actively participated in caring for her family. She had an early morning job so she was off in the afternoon. She shopped for her family and cooked dinner. She cleaned the home and did the laundry and cared for the three children when they came home from school (Andy worked in the evenings) and put them to bed. She also shared the yard work.
Susan’s paralysis and care needs have placed a severe strain on the family. As a result, she has been unable to care for James, Sean and Carli. She has been unable to cook and clean as she did before.
Set forth in item B, above, are funds to hire an attendant to take care of Susan’s needs. This attendant is not, however, expected to care for the three children or perform household chores for the family.
As a result of Susan’s paralysis, it is now necessary that Andy quit his job so he can care for the three children and for the needs of his household.
Andy was born on July 8, 1962. He is currently 46 years of age. He has a work life expectancy of 20 additional years. He will lose $16,783 per year for 20 years. He has, therefore, a claim for a wage loss in the sum of $335,660.00. This sum should be reduced to present value. For purposes of this letter I will estimate the present value to be $228,080.
D. General Damages: First Cause of Action: Medical Malpractice
Ms. Bates is entitled to general damages under her First Cause of Action involving medical malpractice with the resulting paralysis. Those damages are capped by MICRA at $250,000.
E. General Damages: Second Cause of Action: Dependent Adult/Elder Abuse
Ms. Bates is also entitled to general damages under her Second Cause of Action for the pain, suffering and humiliation caused by the sacral decubitus ulcer and the required permanent placement and daily cleaning of the colostomy bag because of the ulcer. These damages are part of his claim under Welfare and Institutions Code §15657 et seq,, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). They are not limited by MICRA. For purposes of this letter, I will estimate his general damages to be $625,000.
F. Attorney Fees: Second Cause of Action: Dependent Adult/Elder Abuse
As discussed earlier, the arbitrator finds a violation of EADACPA, the arbitrator must award attorney fees and costs. For purposes of this letter, I estimate Mr. and Ms. Bates’ claim for attorney fees and costs for the EADACPA portion of this lawsuit to be $312,000. (See Part 5 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.