Archive for auto accident

Why Attorneys Can Help With Car Accident Claims

Nobody likes being involved in a car accident, but unfortunately, they do happen. However, knowing what to do afterward can save you a lot of headaches, and having an attorney can help.

Most people are aware that they should exchange insurance information with the other driver after an accident, but what many people don’t realize is that this is just the beginning. If you’ve been injured in the accident, you will likely have to deal with insurance adjusters who will try to minimize the amount of money that you receive for your injuries.

Additionally, if the other driver was at fault, their insurance company may try to place some of the blame on you in order to avoid paying out a large settlement. An experienced car accident attorney can help you deal with all of this. With more than three million injuries every year from car-related crashes, it’s important to have this information at-hand.

Auto Accident Attorneys Have The Right Knowledge

The last thing you want is to be held accountable for something you didn’t do or to receive less money than you deserve because the insurance company took advantage of you. Additionally, if your case does go to court, having an attorney by your side who knows the ins and outs of personal injury is always in your best interests. If you are due for monetary compensation, they can help you get it.

More Payout For Damages

These individuals can help you understand all the elements of your case that you may make a claim for should it go to court, as well as any settlements you may negotiate.

For example, you may be able to include the following in your claim:

  • Lost wages from time taken off work
  • Property damage
  • Medical bills
  • Emotional trauma

Every case is different, but having someone who has training and experience in the legal system by your side can help ensure that you are fairly compensated for car damage and personal injuries. Trying to get an insurance payout on your own or even being successful in a trial without an attorney is possible, but is certainly more difficult. If you have involvement in a car accident, the best thing to do is seek legal counsel as soon as possible.

$10.7M Payment Ordered by Jury in Traumatic Brain Injury Case

In June 2017, a Los Angeles jury awarded $10.7 million to a young girl after determining that her traumatic brain injury was caused by an auto accident. The girl, who was ten years old at the time of the accident, received the verdict following unsuccessful settlement negotiations in which her lawyers asked for $2.25 million and the defendant countered at $1.25 million. Economic damages made up $6.78 million of the judgment, with the remainder awarded for non-economic damages.

The driver of the vehicle that struck the car in which the young girl was a passenger admitted his guilt in the accident. His lawyer argued that the girl had a pre-existing intellectual development disability that led to her brain injury. The girl’s attorney argued that while the girl did have a learning disability, it was the accident that caused the brain injury and led to an 11-day stay in a pediatric intensive care unit.

After a nine-day trial, it took the jury just two days to order the verdict in favor of the girl.

California law dictates that even if a plaintiff is unusually susceptible to injury, defendants cannot avoid their liability if they are responsible for injuries from car accidents in which they were at fault. While the girl in this case may well have been more susceptible to a traumatic brain injury because of her learning disability, this determination is not relevant in terms of whether the defendant had to pay for her injuries.

Defendants in California cases are not liable for damages related to a pre-existing condition, but they are responsible if that condition worsens or is aggravated. In this case, the girl suffered from moderate but permanent brain damage that was a direct result of the auto accident. The fact that she already had a visual processing disorder did not play into the jury’s decision under California law, as it was clear that the accident caused additional harm. The $10.7 million judgment against the defendant is to cover the costs the young girl will incur over the course of her lifetime due to her traumatic brain injury.