Court Unconvinced by Medical Testimony, Reduces $270k Award
by
Joseph C. Maya on Apr. 28, 2017
Accident & Injury Accident & Injury Personal Injury Lawsuit & Dispute Lawsuit
Summary: Blog post about a case where a plaintiff's award of damages was reduced because of unconvincing testimony given by his doctor.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
In Jackson v. Lacroix, a pedestrian sued a driver for injuries caused when he was hit by a car. The injured pedestrian claimed that he suffered injuries to his left knee, right wrist, and shoulder. He suffered partial paralysis and partial loss of the use of his lower extremities. The pedestrian sued for personal injury compensation for his economic and noneconomic injuries. . In law, economic damages are compensation for monetary expenses related to an injury, such as medical costs and even lost wages. These damages are easily verified by medical bills, invoices, and employment records. Noneconomic damages compensate individuals for non-monetary losses, which are not readily quantifiable. Examples include pain-and-suffering, loss of future enjoyment, and loss of companionship. These damages are subjective, and determined by the jury or finder of fact.
The pedestrian claims he was struck by the driver’s motor vehicle while crossing a street in Hartford, CT. The vehicle was backing up in the area where he was stepping onto the curb. The driver did not appear in court to defend his case, which resulted in the court entering a default judgment in favor of the pedestrian. The pedestrian sought an award of $270,000 for his injuries. He offered expert testimony from his doctor, claiming that the injuries were be permanent. The court found the evidence unpersuasive, due to the pedestrian’s failure to complete physical therapy. The court granted the plaintiff an award of $92,525.54, of which $75,000 was allotted for pain, suffering, and the restrictions on his ability to enjoy life.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Jackson v. Lacroix, 2003 Conn. Super. LEXIS (Conn. Super. Ct. Aug. 04, 2003)