Virginia Motorcyclist Settles Personal Injury Case for $1.3 MillionAuthor: Portner & Shure
A Virginia man was riding his motorcycle on Route 626 in September 2013, going 55 mph. The Defendant, in this case, was attempting to turn into her driveway, but in the process, she managed to hit the motorcyclist. As a result of the crash, the man sustained several injuries, including a “severe crush injury to the left foot.”Doctors were not able to save his left foot as blood flow circulation was cut off from reaching the foot. Unfortunately, the difficult decision was made to amputate the left leg below the knee. The accident victim worked through physical therapy, making good progress, however, he could not work his stucco repair job anymore. Due to this significant loss of earning capacity, the Plaintiff and Defendant were able to settle this case out of court for $1.3 million. A majority of this large settlement will provide the Plaintiff with a monthly income, in addition to covering almost $250,000 in medical costs and any future medical expenses.
The main reason for the large award here was the lost earning capacity for the Plaintiff. In personal injury cases, there are two types of damages relating to employment that can be awarded to the victim depending on the accident. If the victim has a job and the injury sustained prevents them from being able to work for a period of time, loss of income for that time spent not working can be recovered. However, if the injury sustained is severe enough to the point that it decreases the victim’s ability to earn income, lost earning capacity can be collected.
In most cases, personal injury victims can recover lost income from the person who caused the accident. In order to prove a loss of income, it must be shown that the other person was at fault and their actions caused an injury that results in lost income for the victim. Lost earning capacity is more difficult to prove and to calculate that lost income. A calculation of a person’s workability in the future is necessary to determine a person’s lost earning capacity. In the Virginia case, the Plaintiff’s left leg injury severely inhibited his ability to work in his field of stucco repair, thereby resulting in a large settlement award, including his lost earning capacity.
If you or someone you love has been injured in a car, truck, or bus accident or has died as a result of their injury suffered in a Virginia crash and would like more information, please call us at (855) 954-4141 for a free case evaluation or visit us online.