THE ONSTAD LAW FIRM
PERSONAL INJURY TRIAL LAW AUSTIN, TEXAS

An Experienced Texas Personal Injury Lawyer specializing in major injury and wrongful death cases

Practice Areas

Auto Accidents
Aviation Accidents
Construction Accidents
Hospital Liability
Medical Malpractice
Premises Liability
Product Liability
Trucking Accidents
Wrongful Death

Onstad Blog

DAMAGES IN AUTO ACCIDENT CASES

Mar 29

Written by: Rock Onstad
3/29/2011 1:26 PM

DAMAGES FOR PERSONAL INJURIES

NON-ECONOMIC DAMAGES:

Physical pain and mental anguish sustained in the past.

Physical pain and mental anguish that in reasonable probability will be sustained in the future.

Disfigurement sustained in the past.

Disfigurement that in reasonable probability will be sustained in the future.

Physical impairment sustained in the past.

Physical impairment that, in reasonable probability, that will be sustained in the future.

ECONOMIC DAMAGES:

Reasonable expenses for necessary medical expense paid or incurred in the past..

Reasonable expenses for necessary medical care that in reasonable probability will be paid or incurred in the future.

Loss of earning capacity sustained in the past.

Loss of earning capacity that in reasonable probability will be sustained in the future.

DAMAGES FOR WRONGFUL DEATH

NON-ECONOMIC DAMAGES:

Loss of companionship and society, which means the loss of the positive benefits flowing from the love, comfort, companionship, and society that (Spouse, Mother, Father, Child) in reasonable probability, would have received from the Decedent Victim had (he or she) lived.

Emotional pain, torment, and suffering experienced by (Spouse, Mother, Father, Child) because of the death of the Decedent Victim.

ECONOMIC DAMAGES:

Loss of the care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value, that (Spouse, Mother, Father, Child) in reasonable probability, would have received from (Spouse, Mother, Father, Child) had (he or she) lived.

SETTLMENT VALUE OF A CASE

The yard stick for determining a settlement value of a case is what would a jury award if the case goes to trial.

In order to recover for any of the listed elements of damages, there must be evidence to support the recovery.

A jury is who determines the amount of each element of damages, based upon evidence admitted at a trial.

Predicting an amount that a jury will award is less reliable than predicting the weather. However, there are publications that publish what juries have done with given sets of facts.

Juries typically award larger amounts for the non-economic damages when the injuries are very severe or catastrophic (severe burns, severe brain injuries, paralysis, amputations, or other injuries that wipe out ability to work).

Juries typically award larger amounts for the economic damages when the loss of earnings is large and will last a life time, and when the cost of past and future medical care is very costly.

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VERDICTS AND SETTLEMENTS in which Rockne W. Onstad was Lead Counsel or Co-Counsel

Gross Amount	Client Recovery	Attorney Fee	Expenses	Nature
$13,650,000	$8,055,000	$5,460,000	$135,000	Product Liability, Military Helicopter Gear Box, Spinal Injuries (settlement)
$9,200,000	$6,320,064	$2,760,000	$119,358	Product Liability, Aircraft Carburetor, Wrongful Death (settlement)
$6,800,000	$4,473,334	$2,266,666	$60,000	Premises Liability, Brain Injury, Water Park Slide (settlement)
$4,980,000	$2,437,000	$2,490,000	$53,000	Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$4,300,000	$309,000	$138,000	$13,000	Pilot Negligence, Airplane Crash, Wrongful Death (jury verdict)
$3,850,000	$2,373,000	$1,425,000	$52,000	Labor & Delivery Negligence, Fetal Distress, Cerebral Palsy (settlement)
$3,500,000	$2,028,000	$1,400,000	$72,000	Product Liability, Defective Pick-Up, Spinal Cord Injury (settlement)
$3,235,000	$2,361,250	$808,750	$65,000	Brain Injury, Federal Tort Claim, FAA Negligence (verdict) affirmed on appeal
$3,000,000	$1,724,000	$1,200,000	$76,000	Neurosurgeon Malpractice, Cauda Equina Syndrome (settlement)
$2,950,000	$1,731,000	$1,180,000	$39,000	Defective Design of Helicopter, Paralysis & Wrongful Death (settlement)
$2,900,000	$844,000	$694,000	$26,000	Auto Accident, Spinal Injury & Ankle Injury (jury verdict/settlement)
$2,800,000	$1,864,667	$924,333	$12,000	Premises Liability, Hotel Fire, Wrongful Death (settlement)
$2,500,000	$1,644,667	$833,333	$22,000	Product Liablity, Defective Farm Tractor, Arm Loss (settlement)
$2,300,000	$1,399,000	$960,000	$41,000	Medical Malpractice, Anesthesia, Brain Injury (settlement)
$2,300,000	$1,091,000	$920,000	$59,000	Product Liability, All Terrain Vehicle, Spinal Cord Injury (settlement)
$2,200,000	$1,321,000	$733,333	$44,000	Cerebral Palsy, Medical Malpractice, Preeclampsia (settlement)
$2,200,000	$1,267,000	$880,000	$53,000	Construction Negligence & Insurance Bad Faith, Spinal Injury(settlement)
$2,200,000	$1,191,000	$880,000	$129,000	Product liability, subdural hematoma
$2,100,000	$1,462,334	$557,666	$80,000	Hospital Labor Nurse Negligence, Fetal Distress, Cerebral Palsy (settlement)
$2,000,000	$1,303,334	$666,666	$30,000	Anesthesia Malpractice, Esophageal Intubation, Wrongful Death (settlement)
$2,000,000	$1,106,887	$800,000	$93,111	Radiologist Malpractice, Brain Catheterization, Brain Injury (settlement)
$2,000,000	$976,484	$976,482	$47,034	Obstetrician Malpractice, Forceps Delivery, Brain Injury (settlement)
$2,000,000	$972,331	$972,669	$55,000	Obstetrical Malpractice, IUGR, Cerebral Palsy (settlement)
$1,900,000	$905,000	$950,000	$45,000	Clinic Failure to Supervise Impaired Physician, 4 Injured (settlement)
$1,900,000			$73,000	Pilot Error, Helicopter Crash, Wrongful Death (jury verdict-no insurance coverage)
$1,860,000	$978,518	$645,000	$137,480	Neurosurgeon Malpractice, Infection, Cauda Equina Syndrome (settlement)
$1,700,000	$1,130,730	$565,363	$3,907	Product Liability, Defective Refueling Coupling, Burns (settlement)
$1,500,000	$847,000	$600,000	$53,000	Defective Aircraft Component, Military Aircraft, Wrongful Death (settlement)
$1,425,000	$900,310	$457,571	$67,119	Intraoperative Spinal Cord Monitoring Negligence, Spinal Cord Injury (settlement)
$1,400,000	$848,221	$503,552	$51,227	Obstetrician Malpractice, Group B Strep Infection, Cerebral Palsy (settlement)
$1,400,000	$718,689	$560,000	$130,522	Neurosurgeon Malpractice, Infection, Brain Injury (jury trial & settlement)
$1,400,000	$818,000	$560,000	$22,000	Auto Trucking Accident, Spinal Injury (settlement)
$1,300,000	$718,689	$520,000	$26,000	Hospital Newborn Nursing Negligence, Visual Impairment (settlement)
$1,300,000	$285,000	$250,000	$33,189	Emergency Room Malpractice, Wrongful Death (jury verdict and settlement))
$1,237,000	$718,689	$400,000	$30,000	Cardiologist Malpractice, Brain Injury (settlement)
$1,200,000	$659,879	$395,666	$144,455	Prolapsed umbilical cord, Hospital Obstetrics Negligence
$1,167,000	$594,086	$417,000	$72,513	Emergency Room Negligence, Heart Attack, Wrongful Death (settlement)
$1,150,000	$727,667	$383,333	$39,000	Obstetrician Malpractice, Group B Strep, Cerebral Palsy (settlement)
$1,111,000	$594,933	$444,400	$71,623	Product Liability, Heart Stent, Heart Damage (settlement)
$1,100,000	$770,000	$440,000	$25,996	Radiologist Malpractice, Failure to Diagnose Breast Cancer, Death (settlement)
$1,060,000	$532,715	$478,991	$48,810	Obstetrician Negligence, Breech Delivery, Cerebral Palsy (settlement)
$1,000,000	$630,000	$333,000	$36,000	Defective Military Aircraft, Manufacturing Defect, Wrongful Death (settlement)
$1,000,000	$566,116	$400,000	$33,884	Surgeon Malpractice, Bile Duct Injury, Wrongful Death (settlement)
$1,000,000	$477,500	$477,500	$45,000	Surgeon Malpractice, Bariatric Surgery, Wrongful Death (settlement)