Derek Nicholson with the assistance of associate Jessica McClay and student Sujit Nirman won a $1.366 million personal injury Jury award last week after three weeks of trial. The award was for a chronic pain case. The Plaintiff was suing as a result of an accident that left her with a permanent personal injury including chronic, debilitating pain which also left her unable to work.
As it was stated in court, “At approximately 10:30 p.m. on Saturday, September 12, 2009, the Plaintiff was returning home after picking up her 15-year-old daughter, at a friend’s house. She was stopped on the road near her home waiting to turn left into her driveway when the defendant, crashed into the rear of the Plaintiff’s vehicle. As a result of this crash, the Plaintiff’s vehicle crossed the midline and collided with a tree. Due to the force of the impact, the air bags deployed. The Plaintiff, her daughter, and the defendant, were taken to the hospital via ambulance.”
The Plaintiff had head to toe continuous whole body pain with two hip replacements and a rotor cuff surgical repair as a result of the injury. The Jury awarded $290,000 of the $368,000 Cap on General damages for pain and suffering. In addition the Jury awarded a total of $1,366,000. Our Rule 49 offer (offer to settle) was $1,350,000. The award included the following heads of damage: Out of pocket expenses – $63,005; Past loss of Income – $14,406; Future Care – $589,624; and Future loss of income – $409,682. Costs and prejudgment interest are just being negotiated.
The plaintiff’s injury and/or condition was stated by Derek Nicholson as “The impairments have deprived the Plaintiff of freedom from pain, the ability to carry on a normal life involving athletics, work and relationships with partners and children. The Plaintiff is in constant and debilitating pain despite numerous remedial surgeries and therapies. She is unable to work and needs support and services to help her to live.”
Nicholson Gluckstein Lawyers