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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