After suffering injuries in a motor vehicle accident, over 5 years ago, a plaintiff was awarded $177,177.63 in damages. An orthopaedic expert she hired diagnosed her with a “whiplash associated disorder” and stated that although she was likely to see improvement in her condition, her injuries may never fully resolve.
This case was complicated by a few issues and required competent and experienced counsel to effectively resolve. The plaintiff in this case had a medical history that included some pre-existing neck and back pain. The plaintiff had also actually increased her working hours after the accident. Despite this, the plaintiff was still able to secure a sizeable award, not only for non-pecuniary damages (AKA pain and suffering) but also for loss of future earnings. The judge relied on evidence from the plaintiff’s experts – including both orthopaedic surgeons and functional capacity experts hired by the plaintiff – to come to the conclusion that there was a “real and substantial possibility” that the plaintiff was likely to lose income in the future.
This case once again illustrates how whiplash injuries can escalate into injuries that can have a profound affect on the life of an injured party. This case also illustrates the difficulty in judging the worth of a whiplash case and the importance of hiring proper representation.