A California woman suffered serious injuries and left her a quadriplegic following an automobile accident. According to a report on the website personalinjurybureau.com, the woman was driving a 1997 Ford Explorer when the left-rear tire separated from the tire tread and caused the woman to lose control of the vehicle. The vehicle veered off the road and rolled over into an embankment.
Continue Reading...According to the Ohio News-Herald, a 2-year-old infant required over 200 stitches after suffering a dog bite to the face. Ohio authorities stated the family dog attacked the boy without any deliberate provocation from the boy.
A California man recently received a jury verdict of more than $21 million from a lawsuit pertaining to an auto accident that caused him to have a debilitating stroke. 29-year-old Michael Nelsen was riding as a passenger on August 17, 2007 when the vehicle he was riding in was rear ended by a truck traveling at least 80 miles per hour. The truck was owned by Hillyard, Inc., a cleaning supply company. Nelsen suffered a broken femur and other fractures and suffered a stroke caused by blood clots the resulted from the accident. The stroke has caused permanent damage to the left side of his brain. Nelsen filed suit against the company and received the $21 million settlement to cover his medical costs and pain and suffering.
When an employee is driving a company vehicle, as in this case, the company is responsible for the actions of those employees. This means that if an employee causes an automobile accident, the company may be held responsible for the resulting injuries. In this case, the injuries to Mr. Nelsen are permanent and will most likely require medical treatment for the rest of his life. This is why the jury awarded such a large judgment against Hillyard.
The City of Williams, Arizona has settled a $2.3 million lawsuit filed by the family of a Mesa man who was struck and killed by a policeman’s vehicle while riding his motorcycle on Highway 64. James Innes was hit by the police officer on May 20 when the officer, Brandon Hernandez, attempted a U-turn and apparently did not see Mr. Innes. Officer Hernandez was issued a traffic citation, but no charges were filed.
This case illustrates two important issues for motorcycle riders. First of all, it once again shows how susceptible motorcyclists are to accidents when inattentive drivers do not notice them. An internal investigation by the police department determined that the accident was “avoidable,” meaning Officer Hernandez did not exercise proper care and discretion before attempting his U-turn. It requires extra effort and attention to see a motorcycle, which Officer Hernandez apparently did not demonstrate. In addition, since Officer Hernandez was on duty and in a police department vehicle at the time of the accident, this means that the city of Williams, and not Officer Hernandez personally, was the responsible party for the accident. This is why Innes’ family filed suit against the city and not Officer Hernandez. Filing suit against a government agency for a traffic accident caused by one of their vehicles can be a difficult and confusing process, and you need an experienced attorney on your side to do so.
Recently an Illinois man and his teenage daughter received $6 million in a lawsuit settlement in Joliet, Illinois. It is believed to be a record for Will County, Illinois. In 2006, Richard and Kelly Wright were struck by a pickup truck driven by John Martis when he attempted to turn left at a stop sign. Both Richard and Kelly suffered severe injuries. Richard suffered a fractured wrist and ankle, which required surgery, while Kelly, who was 15 at the time, suffered a severely broken left ankle and a severe right tibia fracture. Though the accident occurred over three years ago, she has not yet fully recovered and is scheduled to have fusion surgery on her ankle later this year.
This case highlights two of the biggest dangers to motorcycle riders. First of all, motorcycles are often hard to see, so are more susceptible to be hit by inattentive drivers, especially at intersections, as in this case. Second, motorcycle riders are more exposed to injuries, so even a minor car-motorcycle accident can cause severe injuries which can incur severely large medical bills. If you are injured in a motorcycle accident caused by another vehicle, you should contact a motorcycle injury attorney to discuss your case.
Soon after you recover from the shock of an accident, the first thing you should think about is, “how do I go about settling with the insurance company without being taken advantage of.”
You should consider settlement as two separate transactions. One for your property damage and the second for your injury.
Settling property damage claims is relatively straight forward. Your vehicle needs to be repaired or replaced and the cost of each can be determined by simply contacting repair shops and car lots to obtain estimates for repair or replacement costs for vehicles that are totaled.
Some property damage issues are in fact more complicated, such as the value of custom vehicles or the diminished value of damaged vehicle upon sale. These issues require special knowledge and negotiation.
The area requiring the attention of an attorney with investigation and negotiation expertise is that of a bodily injury claims attorney.
The value of these claims are mainly subjective necessitating knowledge of the insurance company tactics as well as local values of similar injuries.
For example, the value of an injury claim in Arizona is different than the value of an injury claim in California. The value of these claims are based, in part, on the amount juries award for similar injuries in local courts.
The likelihood of receiving the maximum value for an injury claim is substantially enhanced by a speedy investigation and an experienced negotiator.
Former clients call and ask for advice about what to do when they are involved in a minor auto accident.
They tell me that they have been in an accident but, other than being a little sore, they feel fine. They go on to say that the insurance company has offered to repair their car, pay for their emergency room visit and give them $500 for any “inconvenience”. What should they do?
This happens so frequently that it does not take me long to reply. I tell them the story about a similar call I received when I first started practicing law.
Many years ago, a young woman called for her husband who had recently been involved in a “minor” collision. She told me that since he had only been sore for a couple of days after the accident, he agreed to settle his claim for $1,500 (which back then was a great deal of money for a “no injury” claim).
Six or seven weeks later, his soreness became radiating pain which eventually required surgery costing many thousands of dollars. However, since he had given up his right to recover, he was not able to be compensated for any more than the original $1,500.00.
The lesson is, don’t be in a hurry to settle a “minor” collision accident, even with only “a little soreness”.
Injuries may take time to develop and mature. As a general rule, settling any claim in less than six months may not be a good idea.
Every injury is different and the decision to settle should not be made in haste.
Consulting with an attorney soon after the accident in order to get a professional opinion about the specific facts of your accident is sound advice, even coming from an attorney.
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