Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)
Although Mr. Owen acknowledges the need for surgery, his personal obligations due to his wife’s medical condition preclude him from pursuing a surgical option at this time.
In the absence of surgery, Mr. Owen is left with constant pain, numbness in his hands and fingers, and reduced range of cervical motion. This has not only reduced his ability to drive, but also his enjoyment of it. Where before the accident, he used to walk five miles each day, now, he can do a mile at most, with frequent breaks, and the attendant pain. Social activities as simple as hosting a barbecue for family and friends is now out of the question.
MEDICAL SPECIAL DAMAGES
Key Health (MRI) $1,695.00
Dr. Kate Brown D.C. $514.13
Dr. Messi M.D. $750.00
MEDICAL SPECIALS TO DATE $2,959.13
FUTURE MEDICAL SPECIALS
Two Level Cervical Fusion $80,000.00
WAGE LOSS
At the time of the accident Mr. Owen was self-employed by World Limousine Service as a driver. In that position, Mr. Owen earned $50.00 per hour, or $72,000.00 per year. As a result of the injuries which he sustained in the subject motor vehicle accident, Ms. Owen missed the eight weeks immediately after the accident. This wage loss alone is $12,000.00.
Even taking into account the recent economic down turn, Mr. Owen estimates that he has only been able to work one half as much as he did prior to the accident. Two years at half time is an additional $72,00.00, for a conservative wage loss estimate to date of $84,000.00. Plaintiff will make this modest claim for loss of earnings so as to avoid jurors thinking that he is overreaching.
SETTLEMENT NEGOTIATIONS
Plaintiff has made a Code of Civil Procedure Section 998 Offer to Compromise his claim in the amount of the Defendant’s policy limit of one hundred thousand dollars ($100,000.00). Defendant has made a Code of Civil Procedure Section 998 Offer to Compromise this claim for a waiver of Defendant’s costs in exchange for a dismissal with prejudice.
The matter was referred to Judicial Arbitration, but Counsel for Defendant’s delay in setting up an appointment for a Defense Medical Examination, and the need for Plaintiff to depose Defendant’s accident reconstruction expert means that an Arbitration could not be scheduled until December 2, 2008.
DISCUSSION
Liability is contested. In the absence of any other witness, the facts must be determined by the finder of facts based on the memory, veracity and credibility of the parties involved. Mr. Owen is an excellent witness who is entirely certain that he had the solid green light and was legally in control of the intersection.
Defendant herself is unable to explain why she made a left turn directly into Plaintiffs path, or why she failed to observe him until it was too late for either of them to do anything about it. On the other hand, Mr. Owen is a credible, solid, experienced professional driver of many years who is quite clear as to his testimony.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.