Jury Returns Verdict of $58 Million for Injured Foot
Does that figure sound incredible? It should. $58 million for a jury verdict is rare in even wrongful death cases. In the case of a foot injury, it’s even rarer. But you have to understand how the law works when it comes to personal injury lawsuits. Plaintiffs are compensated related to their damages. If a foot injury turns into something else, it can prevent you from working, and lost wages are compensable damages in a personal injury trial.
According to a recent lawsuit, a California resident had battled to settle his lawsuit for 8 years before receiving a jury verdict. The case went to trial after the defendants rejected a $3 million settlement offer.
The lawsuit contended that the plaintiff was an independent contractor who was on the job when he suffered an accident. According to the lawsuit, he suffered a microfracture to his food. But that was only the beginning of his problems.
The plaintiff sued the company that he was providing services for alleging that they were negligent for his injuries. While a foot fracture isn’t enough to net you $58 million, the plaintiff developed a debilitating medical condition due to the injury, according to his attorneys. This led the plaintiff to quit his job. He asked his attorneys to seek a settlement of $3 million, but that offer was unwisely rejected by the defense. The plaintiff was awarded $58.35 million by the jury who also assessed a punitive damages award of $4 million.
Damages in a personal injury lawsuit
To understand why the jury award went so high, you have to understand how damages are calculated in a personal injury trial. The plaintiff was successfully able to argue that what began as a minor foot injury escalated into something much worse. This caused him to rack up millions in medical expenses, lost wages, and pain and suffering damages. He had to quit his job. Those are also compensable damages. He is entitled to recover damages related to past and future lost wages. He is also entitled to recover damages related to past and future medical expenses. In addition, there are pain and suffering damages. Roughly $54 million of that verdict was compensatory damages. The remaining $4 million were punitive damages assessed to punish the defendant for egregious wrongdoing.
Ultimately, juries can be unpredictable and you never know what they’re going to do. They could have easily blamed the plaintiff for his own injuries and allowed him to walk away with nothing.
In this case, the plaintiff developed complex regional pain syndrome as a result of his injury and suffered debilitating pain for years before the jury returned a verdict in his favor.
Talk to an Oakland, CA Slip and Fall Injury Attorney Today
If you’ve been injured in a slip and fall accident, the Oakland, CA personal injury attorneys at Venardi Zurada can file suit on your behalf and help you recover damages related to your medical expenses, lost wages, and reduced quality of life.
Source:
latimes.com/california/story/2024-05-23/lancaster-train-worker-slipped-fell-at-work-awarded-58-million