In any injury case, the area or areas that will be the key that both sides focus upon can vary from case to case. Sometimes, the two sides will contest liability, with the defense counsel arguing that the defendant was not to blame at all for causing the injury-causing accident. Other times, both sides agree the defendant is liable. That, however, does not automatically mean the case itself is “open and shut.” The two sides may battle extensively over the amount of damages that the injured plaintiff should receive. In any case where the amount of damages is a major issue, it is extremely important to have “done your homework” and collected extensive evidence to support your damages claim. To make sure that you are accumulating the right amount and right type of evidence you need to get the outcome you deserve, be sure you put the skill of a knowledgeable San Mateo injury attorney on your side.
J.L.’s case (San Bernardino Superior Court Case No. CIVDS1613468) was one where the battle centered solely on damages. J.L. was a nursing student in southern California who, while driving through an intersection in Redlands, allegedly got cut off by a a semi truck. According to the student’s lawsuit, she was unable to avoid contact and the result was a collision between the car and the semi. The student’s airbags deployed and the impact fractured her right wrist, which was her dominant arm. The student underwent multiple surgeries, and suffered an infection that left her with a permanent scar . She also testified that she would need total fusion surgery performed on that wrist as part of her treatment in the future.
The trucking company admitted that its driver was liable for causing the accident.
When you are involved in a case focusing on the extent of damages, as J.L.’s was, you might need many different types of proof. This may include numerous medical bills (to prove medical expenses,) past employment or tax records (to prove lost wages,) expert witness testimony and lay witness testimony.
Another aspect of this process of collecting information relates to insurance. Especially in cases where you’re suing a major trucking company in your truck accident injury case, the defendant(s) may have liability insurance policies with very high policy limits. Finding out exactly how much insurance your defendant has may impact the calculations that go into analyzing how much your case is “worth.” In J.L.’s case, her first settlement offer to the trucking company was $750,000. However, during the trial, she discovered that the trucking company had a $15 million excess insurance policy. After finding that out, the student upped her settlement offer to $3 million.
The defense refused and the case went to the jury. The jury determined that the student’s damages were worth $3.016 million.
Every injury case deserves careful attention from skilled legal professionals to get the injured person or people the compensation they deserve. The experienced San Mateo truck accident attorneys at the Law Offices of Galine, Frye, Fitting & Frangos have been helping injured people for many years. To set up a free consultation with one of our experienced attorneys, contact us at 650-345-8484 or through our website.
More Blog Posts:
California Brothers Obtain $52M Verdict For Injuries Suffered in Crash with Commercial Truck, San Mateo Injury Lawyers Blog, published May 25, 2018
Injured Southern California Driver Recovers $669K After Her Accident Cost Her a Lucrative New Job, San Mateo Injury Lawyers Blog, published November 22, 2017