CT Car Accident Law: Plaintiff Who Refused Cortisone injections Awarded $28,608

2012-06-08 | Joseph M. Busher
jmbusher@jacksonokeefe.com

Category: Auto Accidents

Joseph M. Busher

CT Car Accident Law:  Plaintiff Who Refused Cortisone injections Awarded $28,608

Case:  Ferrigno v. Ferrand

Court:  Fairfield J.D., at Bridgeport

Doc. No.: CV19-6007726

Court Opinion By: Rittenband, J.T.R.

Date:  Feb. 1, 2012

A plaintiff’s failure to accept medical treatment does not constitute a failure to mitigate damages. In April 2008, as the plaintiff, Frank Ferrigno, approached an intersection on Route 136 in a ford van, the defendant’s Mini Cooper allegedly entered the intersection, directly in the plaintiff’s path.  The plaintiff credibly testified that he was unable to avoid colliding with the Mini cooper, although he slammed on his brakes and attempted to swerve.  The plaintiff’s repairs to his van cost $10,000, and the plaintiff allegedly injured his back, elbow and hip and underwent physical therapy.  In 2009, the plaintiff was diagnosed with trochanteric bursitis in his hip.  The defendant admitted that she was negligent. The plaintiff’s medical expenses were $2,868.  The plaintiff, a plumber, did not prove loss of wages, although he complained about difficulty performing work.  The plaintiff sought physical therapy in May 2008 and then did not schedule appointments again until November 2008.  The court found that the November 2008 medical appointment(s) were causally related to the April 2008, motor vehicle accident, although the plaintiff stopped physical therapy for several months.  The court awarded economic damages of $2,868.  There was no evidence of any permanent injury to the plaintiff’s back and elbow.  Dr. Edward Staub, an orthopaedic surgeon, rated the plaintiff, 47, with a 5 percent permanent partial disability to his hip, as a result of the 2008 motor vehicle accident.  Although the plaintiff did not permit his doctors to inject cortisone, the court was not persuaded that the plaintiff failed to mitigate damages.  The plaintiff and his family testified that the plaintiff experienced difficulty with recreation, household and work activities.  The plaintiff’s son claimed that his father’s ability to coach lacrosse was restricted.  The court awarded the plaintiff non-economic damages, for pain and suffering, of $25,740, for a total of $28,608, plus costs.

 

For more information and resources regarding Connecticut car accident lawyers, see:

http://www.jacksonokeefe.com/general-practice/car-accident-lawyers.htm

Jackson O’Keefe has the knowledge and experience to help if you or a loved one has been the victim of a motor vehicle accident involving a drunk or drugged driver. In addition to assessing and pursuing the legal responsibility of third parties for the loss, we know that sometimes an underinsured or uninsured claim may be necessary against your own insurance company and have the knowledge and experience to pursue such claims for full compensation as well.

 

The firm understands that the injuries suffered in a car accident can be financially and physically devastating. Jackson O’Keefe has the experience, knowledge and resources to help you recover full and fair compensation for all your losses. If you have suffered a personal injury because of the negligence or carelessness of another person, Jackson O’Keefe can take care of your legal concerns while you heal physically and emotionally. Contact the firm to schedule a confidential consultation to discuss your personal injury claim. Jackson O’Keefe handles catastrophic injury claims involving traumatic brain injury (TBI), spinal cord injury and paralysis, as well as claims for wrongful death.

 

Jackson O’Keefe handles Connecticut personal injury and car accident cases throughout the State of Connecticut, including clients in West Hartford, Farmington, Avon, Simsbury, Old Lyme, Ellington, Tolland, North Haven, Wallingford, Wethersfield, Rocky Hill, Cromwell, Bethlehem, Moodus, East Haddam, Hadlyme, Madison, Middletown, Hartford, Southington, Plantsville, Hartford County, New Haven County, Middlesex County, New London County and Litchfield County.

For more information and resources on Connecticut accident cases and Connecticut personal injury law, see our resources at http://www.jacksonokeefe.com/personal-injury/overview/

 

For information and resources on CT distracted driving lawyers, see http://www.jacksonokeefe.com/personal-injury/ct-distracted-driving-statistics.htm

Jackson O’Keefe handles Connecticut car accident cases and Connecticut distracted driving, cell phone and texting car accident cases throughout the State of Connecticut, including clients in West Hartford, Farmington, Avon, Simsbury, Old Lyme, Ellington, Tolland, North Haven, Wallingford, Wethersfield, Rocky Hill, Cromwell, Bethlehem, Moodus, East Haddam, Hadlyme, Madison, Middletown, Hartford, Southington, Plantsville, Hartford County, New Haven County, Middlesex County, New London County and Litchfield County.

For more information and resources on Connecticut car accident lawyers, see: http://www.jacksonokeefe.com/general-practice-overview/connecticut-car-accident-lawyers/index.html and

http://www.jacksonokeefe.com/personal-injury/distracted-drivers-lawyers.htm


accident lawyer, car accident, car accident lawyer, Cromwell, CT car accident lawyer, Farmington, Southington, West Hartford, Wethersfield

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