On Monday, A Santa Clara jury awarded a student $49 million for injuries he sustained in a multi-truck accident. The student suffered severe traumatic brain injury (TBI) and other serious injuries.
The award is certainly amongst the largest for a sole-plaintiff in Santa Clara in the past 10 years. In fact, it may be the largest of the decade.
This comes as a surprise considering the conservative reputation that Santa Clara juries have developed over the years. Historically, juries in this area have been reluctant to award a plaintiff such a large verdict.
A large part of the award was based on out-of-pocket-expenses. Because of this fact, it is likely that the award will hold up throughout the appeals process.
The incident took place on the Pacheco Pass in May 2007. According the attorney for the plaintiff, two trucks collided at or near the center line. One of the trucks then collided with the plaintiff’s car. As a result of the injuries sustained by the plaintiff, he will now require medical attention at all times of the day for the rest of his life.
The majority of the award went toward future medical expenses that the plaintiff will have to endure for life. That amount came to $27.6 million. Additionally, according to plaintiff’s counsel, the defendants will be severally liable for the general damages amount of $13.5 million.
While the award is large, it primarily represents the high cost of care required for individuals suffering from TBI, according to the personal injury lawyer for the plaintiff. He went on to add that this jury really understood that there simply is no prosthesis for replacing one’s ability to properly use their brain.
The trial, which lasted for 5 weeks, concluded with the jury finding one driver sixty percent at fault and the other driver and trucking company thirty-five percent at fault. Additionally, California was found to have five percent liability.
The defendant trucking company continues to maintain that its driver was not negligent and bears no fault in the occurrence of this incident.
California had settled with the plaintiff for $10 million prior to the conclusion of trial, according to an attorney for the state.
One Response to “Plaintiff Awarded Almost Fifty-Million In Injury Lawsuit”
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October 28th, 2009 at 6:05 pm
The simplest explanation for personal injury liability insurance is that it guarantees a person or organization from claims of any other party with respect to the injury suffered.