You suffered a car accident. In the days and weeks following the accident, you realize your injuries are serious. If you are like many of our clients, you may even need back or neck surgery because of the injuries to your spine. Last week, the Alabama Supreme Court addressed a car accident case with those common facts. The case was Hicks v. Allstate Insurance Company.
What was the issue in that case? The injured party wanted to introduce a mortality table into evidence and then argue for damages over the course of their expected lifetime. If you suffer a permanent injury, you get one day in court. You get one chance to argue and recover compensation for a lifetime of damages. You need to present the full story of your injuries and how they will impact you in the future. Alabama publishes mortality tables listing the remaining life expectancy for both men and women based on their current age. I know, it sounds a little morbid to think that a chart says you will live a specific number of years. While we all differ, the charts are based on expectations using vital health statistics. If the jury is going to decide damages for a permanent injury, it’s helpful to know how many years are expected.
What happened at trial in that case? At trial, the injured person’s surgeon testified by video deposition. The surgeon described his surgery in detail. He described how the procedure involved implanting hardware that would remain in the injured person’s body. He described how the procedure helped the person’s pain but still resulted in a loss of mobility and movement.