Medical records are critical in any personal injury claim because the claimant/plaintiff is seeking compensation for injuries sustained from the person/business at fault, and it is the process of medical record analysis and review that can determine the extent of injury. Personal injury attorneys study the medical information in detail when preparing the case, and it is the evidence gathered from the medical records and presented to the jury that enable the jury to decide on a fair compensation.
In a recent decision, a Denver jury awarded a Colorado Springs woman $52 million in a personal injury lawsuit. Her attorney said he believes it is the highest personal injury award in the history of Colorado. He said that the high award granted shows that “our lives have a great deal of value and we need to respect each other.”
This personal injury case involved a woman who was injured in a motor accident and was left paralyzed in her legs, and also lost considerable use of her hands. In a case such as this, as mentioned earlier, medical records are crucial to help prove the extensive injuries this woman sustained. They also help understand the treatments provided. The incident occurred four years ago when she was driving along with her husband on Interstate 25 south of Castle Rock. A motorist crossed their lane in front of them to make a U-turn at an emergency median crossing and hit her car, sending it rolling. The woman sued the driver, the company that made the seatbelts in her car and the windshield maker of her Honda vehicle. A two-week trial was held in Denver District Court. The jury deliberated for 8 ½ hours before returning their verdict in the exact amount the woman’s attorney requested in closing argument.
The woman’s attorney no doubt was able to highlight the severity of the accident and the injuries his client sustained, which was recognized by the jury. In this case, the jury attributed 50% of the fault to the defendant driver and 50% to the automotive product manufacturers. The jury found that the company that made the seatbelts was not liable, though it found Honda Motor Co. and the Belgium based windshield company liable.
It is possible that the total amount may be reduced. Colorado has a cap of $468,000 in the pain and suffering category. The woman was awarded $5 million in that category.
