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Issues Impacting Recoveries In Auto Accident Lawsuits - A Comparison Of Past Cases

There will be approximately 3 million people hurt this year in a motor vehicle accident. Two million of these victims will suffer lifelong disabilities. That is approximately one permanent injury every 16 seconds. Each claim is distinct and brings its own individual challenges. Examples of three lawsuits are examined down below in order to discover the lessons that can be learned from the way they were handled.

The defendant driver in one case was in the scope and course of his employment as a delivery driver for a Pizzeria. He proceeded into an intersection without realizing that it was a controlled intersection. The stop sign for the intersection was blocked by a parked truck. The truck was in a no-parking zone. Upon going into the intersection, he broad-sided another car. The driver of that auto 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 had to undergo a total of 4 surgeries for his neck and back and yet another surgery for his arm. He He required 4 surgeries for the disc herniations. He furthermore required a separate surgery for his hand. After the accident he was no longer able to play sports, a favorite pastime of his. The law firm that handled this case reported a combined settlement in the amount of $900,000 from the driver, the owners of the truck, and the pizzeria.

In another lawsuit, a driver lost control of her vehicle, crossed lanes, and hit an automobile coming in the opposite direction in a head-on collision. The victim suffered injuries to the discs at both the cervical and lumbar levels. She also suffered a meniscus tears in her knee. The plaintiff needed 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 represented the plaintiff documented that they were able to secure a jury verdict of $625,000 for the plaintiff. It was not clear from the report if the entire amount was recovered (for example from the victims own underinsured coverage, from a bad faith claim against the drivers insurer or from other assets of the driver).

An important lesson that can be learned from these cases is that there may be individuals or even entities other than a driver who has at least partial responsibility for the accident. In the first case, for example, the driver was in the course and scope of his employment for a pizzeria at the time of the accident. As such, the pizzeria was also liable for the negligence of its driver. The owners of the truck that obstructed the stop sign while parked illegally were also partially at fault and thus were also liable.

The 3rd and final lesson is that one should always hold adequate uninsured and underinsured coverage under ones own policy to cover possible severe permanent injuries. Taking out additional insurance to deal with substantial damages is only marginally more costly than taking out basic coverage. Too many people are simply not properly insured in case the driver responsible for the accident has insufficient insurance.

An experienced motor vehicle accident lawyer will treat each lawsuit as unique, will calculate an appropriate value for the lawsuit, and will consider all sources of potential recovery. Since the law limits the time within which a victim can pursue a personal injury claim, you ought to consult with an attorney at once.
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