Patrick O’Hara recently resolved a lawsuit on behalf of a plaintiff against CenterPoint Energy and one of its employees. While stopped for a red light near the edge of Spring, Texas, and Houston, Texas, the plaintiff was rear-ended by a CenterPoint energy truck. The driver diverted his attention from the road in front of him for a brief period of time and was unable to stop in time when he approached the intersection. The plaintiff was taken from the scene of the collision by ambulance to a hospital. The plaintiff suffered injuries to her head, neck, and back.
Plaintiff received treatment for many months for her injuries caused by the truck accident. A doctor prescribed prescription medication for her migraines. Over time, the migraines went away. However, chiropractic treatment provided very little relief for her neck and back pain. The plaintiff underwent multiple epidural steroid injections in order to relieve the neck and back pain. While the medical treatment provided substantial relief to the plaintiff, she will likely live with pain for the rest of her life.
In order to minimize her pain, the plaintiff does not perform the same activities that she did before the collision. She cannot perform maid services for extra income or fully clean her own home. She loves playing with small children, but she can no longer lift children or play physically intense games with them without experiencing significant pain as a result.
Economic damages
The plaintiff made claims for economic damages caused by the motor vehicle collision. Economic damages are medical expenses, lost wages, and lost household services. Household services are chores such as cleaning the house, washing clothes, yard work, making meals, etc. An economist and rehabilitation specialist provided opinions regarding the plaintiff’s lost wages and lost household services after interviewing her and examining financial records. The experts calculated the past damages that she had already experienced and her likely future damages as well. Economists use life expectancy tables to estimate the plaintiff’s probable retirement date and date of death. These figures are used in the estimate for future damages.
The medical bills were proven with affidavits from the medical providers that treated the plaintiff for her injuries related to the truck accident. If the case had proceeded to trial, a treating physician would have testified about the plaintiff’s treatment for her injuries caused by the collision.
None-Economic damages
The plaintiff also suffered non-economic injuries in the collision with the commercial truck. Non-economic damages include damages such as pain and suffering, disfigurement, impairment, and mental anguish. In some instances, non-economic damages are the most significant portion of the victim’s damages.
Vicarious liability
Texas law holds an employer responsible for the negligent acts of its employee if the employee was acting within the course and scope of employment when the negligent act occurs. In this case, the CenterPoint Energy employee was driving to another worksite in a company truck when he collided with the plaintiff. As a result, CenterPoint Energy was vicariously liable for the driver’s negligence.
If you are injured by a commercial truck or 18-wheeler, the insurance adjustor may attempt to reach a quick settlement with you. Do not sign any paperwork until you have spoken to an attorney. The adjustor might attempt to reach a quick settlement in order to pay less money. If you settle with the insurance company, you will waive all claims for future medical expenses and lost income. Do not leave money on the table. Contact The O’Hara Law Firm.
If you have been injured in a motor vehicle collision, contact The O’Hara Law Firm for a free consultation. Patrick O’Hara is a truck accident attorney that handles motor vehicle collision cases in Houston, Baytown, Humble, Spring, Cypress, Jersey Village, Bellaire, and other surrounding areas. The O’Hara Law Firm represents clients on a contingency fee basis. Call us at 832-956-1138.