The Way Various Factors Can Raise The Settlement Of An Auto Accident Claim
- Author Joseph Hernandez
- Published October 23, 2010
- Word count 621
There will be around 3 million people harmed this year in a vehicle accident. Two million of those people will sustain permanent injuries. That is approximately 1 permanent injury from a motor vehicle accident every 16 seconds. Lawyers experienced in handling vehicle accident claims understand that each case comes about as a result of particular circumstances and challenges. In what follows we explore 3 separate matters to find out what lessons may be acquired 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 plaintiff in the car that was struck suffered nerve damage to his hand and disc herniations in the neck and back. He had to undergo a total of 4 surgeries for his neck and back and an additional surgery for his arm. He was not able to play] sports, something he had previously greatly enjoyed, subsequent to the accident. The law firm that handled this case reported a combined settlement for the sum of $900,000 from the driver, the owners of the truck, and the pizzeria.
In a different lawsuit, a driver lost control of her vehicle, crossed lanes, and hit a car coming in the opposite direction in a head-on collision. Because of the incident, the driver of the car that was hit sustained injuries to both her cervical and lumbar discs, and tore both the lateral and medial menisci of her right 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 reported that they were able to obtain a jury verdict for the sum of $625,000 for the victim. It was not clear from the report if the entire amount was recovered (possiblye from the victim’s own underinsured coverage, from a bad faith claim against the driver’s insurer or from additional 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.
Another vital lesson is that victims of motor vehicle accidents may sustain severe injuries - injuries that can require extensive and expensive medical care, that can force the plaintiff to lose time from work, and that can leave permanent disabilities. Because of this, the recovery can be substantial.
The third and remaining lesson is that one ought to always carry sufficient uninsured and underinsured coverage under one’s own policy to deal with possible significant irreversible injuries. Acquiring additional insurance to protect against significant damages is only marginally more costly than taking out basic coverage. Too many people do not have enough insurance in case the driver responsible for the accident does not carry enough insurance.
A skilled motor vehicle accident lawyer will deal with each case as unique, will calculate an appropriate value for the claim, and will check out all sources of potential recovery. Given that the law limits the time within which a victim can pursue a personal injury case, you should consult with a lawyer right away.
Joseph Hernandez is an Attorney accepting catastrophic injury cases. To learn more about how a vehicle accident attorney can help you and about other vehicle accident cases including fatal car accident visit the websites
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