Louisiana Injury Lawyers Blog
A man who suffered injuries as a result of a flying golf club won a jury verdict in his case recently, recovering both general and medical expense damages. But the total that the injured man obtained might have been even more. Had the man provided certain forms of documentary proof, he might have also succeeded on his claims for lost wages and lost earning potential, and realized an even greater cumulative award. The outcome is a reminder to make sure you have all the evidence you need to get the full recovery you deserve. For help in pursuing your case, be sure you have an experienced Louisiana injury attorney on your side.
The facts leading to this lawsuit were quite unusual. D.H. and M.T. were two members of a group of four individuals who were golfing together at a course in Jefferson Parish. M.T. struck a poor shot and, as some golfers do, reacted by throwing his club. The airborne club crashed into D.H.’s leg, hitting just above the knee.
Later, as Hurricane Isaac approached the New Orleans area, D.H. engaged in the strenuous work of preparing his home for the impending danger. A month later, D.H. was back in the doctor’s office, and an MRI revealed a torn medial meniscus in the man’s knee.
At trial, the doctor testified that the tear may have been the result of the golf club injury or may have been caused by the man’s hurricane-prep-related tasks. So, D.H. had an injury (the torn meniscus) that the medical evidence indicates may or may not have been caused by another person’s negligence and which did not prevent him from working on his home in advance of a storm. Does that mean that D.H. has no case against M.T.?
As the outcome of this litigation revealed, the answer is “no, the case is far from hopeless.” D.H. went to trial against M.T. and his insurer. At the end, a jury found M.T.’s actions caused D.H.’s injuries and awarded him both medical expenses and a five-figure sum of general damages.
D.H. arguably could have recovered an even bigger award. He sought an award of lost wages and lost earning capacity based upon his golfing injury. The jury, however, awarded him nothing, and the appeals court affirmed that. The problem, the appeals court stated, was that D.H. never provided any wage records, tax documents or other paperwork that would have demonstrated what his earnings were before the injury versus their level post-injury. D.H. gave testimony about a disaster cleanup job he had to refuse because of his leg injury, but there was not strong proof about that.
When you pursue a claim like lost income or lost earning capacity, evidence showing what you were earning before versus your earnings after is often essential in order to illustrate clearly to the jury just how much your injury harmed you in terms of earnings. With those documents, you have a much better chance of success on a lost earnings or lost earning capacity claim, and a much better chance of getting a full award for the harm you suffered.
For the advice and representation you need to get the complete compensation you deserve, reach out to the Cardone Law Firm. Our experienced Louisiana injury lawyers can help you get positive results. For a confidential consultation, contact us online or phone Cardone at 504-522-3333.
More Blog Posts:
How a Property Owner’s Security Failure May Give You a Winning Edge, Louisiana Injury Lawyers Blog, Nov. 28, 2018
Getting Your Expert Witnesses’ Opinion Evidence Admitted in Your Louisiana Personal Injury Trial, Louisiana Injury Lawyers Blog, June 25, 2018