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.)
INJURIES: William sustained serious fractures to both feet and injuries to his back and neck. He was transported by paramedics to the hospital. He was immobilized for over three months and his initial recovery took a year. After three complicated foot surgeries performed in 2003, he attempted to return to work as a truck driver, but claimed that he couldn’t due to foot, back and neck injuries, as well as depression and other emotional problems.
Facts:
On April 20, 2003, plaintiff Trevor William, a 43-year-old truck driver, was driving his pickup near Sacramento when Kim Silver, driving an SUV, struck him head-on. Patricia Heather, who was driving behind William, then struck his pickup also.
All three vehicles were totaled.
William sued Silver and Heather for negligent operation of their motor vehicles.
He claimed that Silver was intoxicated. He contended that Heather broadsided his truck due to inattention, tailgating and use of her cell phone.
Heather claimed that she swerved to the right to avoid the main collision and hit the bed of William’s pick-up as they both came to a stop on the dirt shoulder.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Silver admitted negligence in the accident. She died of unrelated causes shortly after the collision.
All 14 jurors were interviewed following their discharge. 100% stated their intention to vote for a defense verdict.
Family and friends testified that William’s personality changed drastically after the accident due to chronic pain, anger, inability to work, post-traumatic stress and sexual dysfunction.
The plaintiff alleged that the medical lien from Kaiser for orthopedic, neurosurgical, psychiatric, urologic and internal medicine treatment totaled over $180,000. He claimed loss of income into seven figures, based on the Social Security Administration’s determination that he was permanently disabled.
The defense claimed that all 14 jurors were interviewed and stated their intention to issue a defense verdict.
William then accepted a time-limited offer from Heather for $100,000 the day after the mistrial.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.