Issues Influencing Recoveries In Auto Accident Claims - An Analysis Of Previous Cases
There are a minimum of 11 motor vehicle accidents each minute
. And there are 5-6 individuals hurt in a motor vehicle accident each minute. Around four people per minute will experience an irreversible injury as a result of a motor vehicle accident. Attorneys knowledgable about how to pursue vehicle accident lawsuits understand that each claim comes about as a result of unique issues and challenges. Below we look at 3 separate lawsuits to determine what lessons may be discovered from them.In one case involving a motor vehicle accident, while his view of a stop sign was obstructed by a truck that was parked in a no-parking zone, a driver from a local Pizzeria failed to stop the a stop sign. Once the driver entered the intersection without stopping he broad-sided a second car. The driver of that car sustained an injury to the nerve in her left hand.left-hand nerve damage, and herniated discs in both his neck and lower back. He went through a total of four surgeries for his neck and back and an additional surgery for his arm. He He needed 4 surgeries for the disc herniations. He also needed a separate surgery for his hand. After the accident he could not play sports any more, a favorite interest of his. The law firm that helped the plaintiff was able to document that they accomplished a settlement for him from the driver, the truck owners, and the pizzeria employer for a total of $900,000.
In a different lawsuit, a driver lost control of her car, crossed lanes, and hit an automobile coming in the opposite direction in a head-on collision. The plaintiff sustained injuries to the discs at both the cervical and lumbar levels. The woman also suffered a meniscus tears in her knee. She required surgery for her knee injury. The defendant driver had a maximum of $100,000 coverage in her insurance policy. The case went to trial and the law firm that handled the case published that they were able to acquire a jury verdict for the sum of $625,000 for the plaintiff. It was not clear from the report whether the full amount was recovered (possiblye from the victim's own underinsured coverage, from a bad faith lawsuit against the driver's insurer or from additional assets of the defendant).
A lesson is that there may be yet other parties who were not directly involved in the accident but who can still be held liable. In case 1 above, the pizzeria employed the driver who caused the accident. Given that the accident happened while the driver was acting within the scope of his employment, the pizzeria was liable. In addition, the owners of the truck were also liable.
The next lesson is that injuries from Motor vehicle accidents can have Serious, even Disastrous long-term results. These may include irreversible disabilities, costly medical treatment, the loss of time from work or even an inability to return to work, and permanent pain.
The third and remaining lesson is that one should always carry enough uninsured and underinsured coverage under one's own policy to deal with potentially significant permanent disabilities. Acquiring increased insurance to protect against significant damages is only marginally more expensive than basic coverage. Too many individuals do not have adequate insurance in the event the other driver does not carry enough insurance.
An experienced motor vehicle accident lawyer will treat each claim as distinct, will calculate an appropriate value for the claim, and will consider all sources of potential recovery. Given that the law limits the time within which a victim can pursue a personal injury lawsuit, you ought to contact an attorney immediately.
Issues Influencing Recoveries In Auto Accident Claims - An Analysis Of Previous Cases
By: J. Hernandez