Impairment of Earning Capacity Claim in Oregon Car Accident Injury Case

This trial report concerns a collision that occurred at the intersection of SW 6th Street and SW Evergreen Avenue in Redmond, Oregon. My client was a passenger in his father’s Honda Accord at the time, which was stopped at the intersection specified above. Our client was looking out the car window to his left, watching an ongoing police arrest and had his left arm extended behind his father’s seat. The Defendant in the case failed to stop behind the Honda, rear-ending the car at a low speed, less than ten miles per hour. The property damage was minimal; there was no airbag deployment, the Honda was not pushed forward appreciably, and the Defendant didn’t even get his SUV fixed.

Our client denied injury at the scene. He testified that he felt symptoms in his neck, mid-back and left shoulder later that day, with pain setting in the following day. He did not treat for his injuries for approximately 30 days following the collision. He ultimately required left shoulder surgery to treat his primary injury – a symptomatic activation of prior left AC joint arthritis. After his surgery, he was unable to work his job for a number of months. As a result, he sought reimbursement for his lost wages. He is also left with permanent physical impairment secondary to his injuries, for which he seeks reimbursement for related impairment of his earning capacity. However, he testified that his current condition really does not cause pain nor interfere much with his daily activities. He also has a pre-existing low back issue and is obese.

The Defendant admitted liability, but denied causation and damages.

Going into trial, our prayer was for $21,000 for past medical expenses; $8,480  for lost wages; $200,000 for impaired earning capacity; and $250,000 for noneconomic damages.

My next post will detail the main issues in this case.

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