With Newly-Discovered Evidence of Increased Personal Injury, New Jersey Federal Court Allows Plaintiff to Increase Demand from $1 Million to $5 Million

When filing a personal injury lawsuit, the complaint should state the amount of money damages you are seeking from the negligent party. Sometimes, however, the full amount of damages is not known at the time you file the petition. This can especially be the case in claims against the government, where you may have to file notice of your claim within just a month or two after the accident. In some cases, where you later discover that your damages are much greater than initially thought, you may be able to amend your complaint and increase the dollar amount you are seeking. This was the case recently in an auto accident injury case currently pending in a New Jersey federal court.

The plaintiff in Bravo-Garcia v. US is a roadway construction worker who was knocked to the ground unconscious after being struck in the head by the side mirror of a passing U.S. mail truck. The plaintiff filed his lawsuit in the United States District Court for the District of New Jersey under the Federal Tort Claims Act. When he first filed the lawsuit, he alleged serious and permanent injuries and included a maximum amount of damages of $1 million. As the lawsuit progressed, the plaintiff found he suffered more injuries than were earlier diagnosed, including nerve damage along his spine and peripheral nerves, and psychiatric symptoms related to the closed head injury.

Based on these new diagnoses, the plaintiff asked to amend his complaint to include up to $5 million in damages, as opposed to the earlier $1 million. The court allowed the motion, finding that the plaintiff presented newly discovered evidence that he could not have reasonably discovered before he originally filed his claim.