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State Court Finds Plaintiff Was Not Entitled to a New Trial in Lawsuit over Medical Expenses

Posted in Auto Accidents

Earlier this month, the Supreme Court of Appeals of West Virginia released its opinion in a case stemming from a car accident. According to the opinion, the plaintiff and the defendant were involved in a car accident in the parking lot of the plaintiff’s place of employment. The plaintiff brought a personal injury lawsuit against the defendant and claimed that the accident caused injuries to his neck, right knee, and back.

Additionally, the plaintiff argued that he accrued over $25,000 in medical expenses, and about half of that came from his neck and back, with the rest from his right knee. The defendant took responsibility for the accident and for the neck and back injuries. However, he stated the right knee problems were not a result of the accident. At trial, the plaintiff presented testimony, and at the close of evidence, the lower court advised the jury that the plaintiff could not recover compensation for injuries that he suffered or any conditions that existed prior to the time of the accident.

After trial, the jury then awarded the plaintiff damages for his neck and back injuries only. The plaintiff then went on to file a motion for a new trial, which was granted by the circuit court. The defendant appealed the motion for a new trial and argued that the jury finding was not against the “clear weight of evidence.” Ultimately, the Supreme Court of West Virginia agreed with the defendant and concluded that the lower court abused its discretion in granting the plaintiff a new trial.

Entitlement to Compensation for Past Medical Expenses in New Mexico Personal Injury Lawsuits

After an accident victim has suffered an injury due to the negligence of another party, they will often try and recoup some of their medical expenses by pursuing a personal injury lawsuit. In order to do this, the plaintiff must establish that the defendant is liable to them. Generally, in New Mexico, a plaintiff is entitled to compensation for property damage, emotional distress, pain and suffering, disability (permanent), lost wages, future lost wages, past and anticipated medical expenses, and other similar expenses. In certain, very limited circumstances, individuals may also pursue punitive damages.

A judge or jury in New Mexico personal injury cases will look at many factors to determine the amount of compensation that a plaintiff is entitled to receive. They will first look at medical records to determine the details of the injury, and they will then look to medical bills, the amount of suffering, the longevity of the injuries, the impact the injury has on the plaintiff’s day-to-day life and enjoyment of life, any permanent disfigurement or scarring, and the plaintiff’s ability to pursue gainful employment after the injury. It is important that plaintiffs have experienced attorneys to help them present their case in the most favorable light possible.

Have You Been Injured in a Car Accident in New Mexico?

If you or a loved one has been injured in a New Mexico car accident, you should strongly consider pursuing a personal injury lawsuit against the culpable party. In many cases, your insurance company may not cover all of the costs you incurred, and the only way to make yourself whole again is through a personal injury lawsuit. The attorneys at the Fine Law Firm can assist in developing your case and gathering the necessary medical documentation to ensure that you are fairly compensated for the injuries you suffered. Contact one of the dedicated attorneys at the Fine Law Firm today at 800-640-6590 to schedule your free initial consultation.

More Blog Posts:

Foreseeability as an Element of a New Mexico Negligence Claim, New Mexico Personal Injury Lawyer Blog, June 3, 2016.

State Court Holds Recreational Immunity Does Not Apply to Hot-Air Balloon Company Providing Free Rides on Another’s Property, New Mexico Personal Injury Lawyer Blog, May 4, 2016.