Quote:
Originally Posted by Joebill
As for determining what he would get...
I have been on one jury where we had to decide that. Basically, knee injury on an oil platform. Cannot lift anything over 25 pounds for the rest of his life. He was 25 years old when it happened.
So, we made an educated guess on what the harmed person's earning potential was based on his current job skills, education, etc. current at the time of the trial.
Our award was reduced by the judge.
The judge told us he would get money counseling, and while he wouldn't be rich, he would be able to provide himself food shelter and transporation for the rest of his life. Almost 15 years ago.
From my chatting with other people over the years, that is basically how such judgements happen if the person suing the company wins.
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Joe,
This is the kind of thing I don't understand. Although it's very unfortunate if a person can't lift anything over 25lbs for the rest of his life, why does it stop him from getting a job that doesn't involve doing so? There are lots of jobs around that don't involve lifting. Something like this is very different to a brain injury, where the person perhaps sadly cannot do
any kind of work, and
needs life-long financial support.
With the best will in the world, accidents do happen, and while appropriate compensation for the accident is obviously completely justified, should someone be financially supported for the rest of his life if he is still capable of doing other types of work?