Personal Injury Lawyer Blog
The following blog entry is written to illustrate an example of an 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 boating accident lawsuit and its proceedings.)
According to defendant, Jasmine Birmingham admitted on the record that she and her friends did not pay attention to the instructions given to them by the rental staff on proper operation of the boat and deployment of the inner tube.
ABC claimed that Jasmine turned control of the boat over to Kendra Davin, another member of their group, who had no prior baoting experience, and that Jasmine did this without ascertaining whether Davin knew how to operate the boat.
ABC further argued that Davin negligently failed to pull the boat’s “kill switch,” which would have cut power to the motor, in the 13 seconds between the boat’s malfunction and the impact.
Defendant claimed that Jasmine was on the phone with her mother during the rental process, and that her mother approved the girls’ rental of the boat and the use of her credit card to rent it.
Following the accident, emergency personnel rescued the girls from the water. Jasmine was taken by ambulance to University of California San Diego Medical Center, where she spent six days being treated. The procedures performed were neck exploration and repair, irrigation and closure of shoulder wound, and repair of the lacerations to her head, neck and hand.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Jasmine will need plastic surgery in the future to repair her scars. In addition, she is undergoing a course of psychotherapy to treat her emotional distress, and is on medication to treat her mood and sleep issues.
Jasmine asked for $120,773.09 in past medical costs and $469,252 in future medical costs, which included $22,055 for future orthopedic surgery, $111,694 for future psychotherapy, $155,417 for future medication, $89,852 for future plastic surgeries and $90,234 for future laser treatment to reduce scarring.
Sandra Birmingham suffered head contusions; pain and numbness in her left leg and foot; lower back pain; and pain in her left elbow, left shoulder and neck.
Sandra was transported by ambulance to University of San Diego Hospital, where she stayed overnight, receiving treatment for a possible concussion and bruising all along her left side.
Sandra asked for $17,442.28 in past medical expenses.
SUMMARY:
RESULT: Decision-Plaintiff
Award Total: $1,192,861
During the liability phase of the bench trial, Judge Irma Gonzalez denied ABC’s petition for limitation of liability, and found that its failure to properly instruct the claimants on proper deployment of the inner tube was the sole cause of the accident.
After a bench trial on the issue of damages, the court awarded Sandra Birmingham $69,769.12 and Jasmine Birmingham $1,123,092. Jasmine’s award included an allotment for future medical costs intended to cover $42,900 for three years of psychotherapy, $17,100 for medication, $60,000 for scar revision and $40,000 for laser treatment to reduce the visibility of the scarring.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.