Trial Report – Motor Vehicle Accident in Medford, Part III

The trial detailed in my two previous posts took three days.

When the jury returned from deliberations, here is what they awarded my client:

  • $53,612.78 for all past medical expenses. Note that I prevailed on directed verdict on this issue, as the defense admitted these expenses as reasonable and necessary in response to my Request for Admission.
  •  $24,000 future medicals. This was a good result considering all experts agreed my client was medically stationary, and would need palliative care only.
  • $65,000 impaired earning capacity. This was a great result considering the judge almost struck this claim on his own motion!
  •  $35,000 noneconomic damages. This was really quite a disappointment considering my client’s significant and permanent impairment, though not totally surprising given his slip about waiting for the trial as a reason for not looking for steady work and his continued outdoor activities.

After the verdict plus reimbursable costs, the total check to be written was $181,000. This award exceeded the settlement offer from the insurance company prior to trial, which had included $0 for impaired earning capacity and only $15,000 for future medical expenses.

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