Personal Injury

How does contributory and comparative negligence affect my car accident lawsuit?

Anyone who has experienced an auto accident knows how quickly things can spiral out of control. With any luck, all parties involved can walk away from such an event unharmed. Unfortunately, this is not always the case. In the event an auto accident leads to injury, it’s crucial to determine who is at fault and the level of culpability they contributed to the accident. Comparative fault and contributory negligence are models for determining who bears responsibility for an auto accident. This is central to car accident lawsuits as there is often no clear answer. Oftentimes more than one person may have acted with negligence. The level of negligence will determine whether or not and how much a plaintiff may recover in damages. Negligence is generally accepted as a failure to employ reasonable care. For instance, not paying attention to the road or texting on your mobile device while driving. How

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$410,000.00 – Motorcycle Accident

Our client was a 32 year old machinist who was the operator of a motorcycle and was not wearing a helmet. He was cut off by a van, turning directly left in front of him. He drove directly into the side of the van and received a traumatic brain injury. He suffered vertigo and tinnitus. Through the use of experts to rate the nature of his permanent impairment and the video documentation of his daily life we were able to maximize the value of his case. We had to seek recovery form several insurance policies in order to do so. The insurance company obviously questioned how serious the vertigo was, but regular treatment and close work with care providers who kept excellent notes convinced them that settlement was the best option as a jury may have awarded him an even greater amount of money. Our client was extremely pleased as

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$125,000.00 – Rear End Collision

Our client was a 38 year old welder who was injured in a rear end collision. The force of the impact was somewhat benign and the client never thought his “soft tissue” injuries would be as serious as they became. As with any personal injury case, and more particularly soft tissue injuries, we are never certain the true level of injury until the client undergoes a regime of treatment. Initially, it appeared conservative treatment with a chiropractor would resolve the discomfort he had in his mid-back. Unfortunately, it did not resolve and actually the pain gradually increased with time. We carefully managed his care and reviewed his medical records. Eventually, he treated with a specialist, who ordered an MRI and discovered he had suffered a traumatic pseudomeningocele, or cyst. The cyst was directly and causally related to the accident and was growing and had become intertwined in his back requiring

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$170,000.00 – Loss of Consortium

Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. In this context, the word consortium means ‘(the right of) association and fellowship between two people / married people. Client was the daughter of a gentleman who died while undergoing surgery in a hospital. She was an adult, lived in another state and has a family of her own. She had a strong and ongoing relationship with her father. They communicated on a daily basis and had almost daily direct interaction when she lived locally. The value of the case was only related to her loss of relationship with her father and had nothing to do with the underlying death. Critical to the valuation and ultimately settlement was the development of their relationship. In a loss of consortium claim

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I am feeling fine after a minor car accident. Will skipping a doctor’s visit now hurt my chances of a personal injury settlement later?

I always would have to recommend that you get yourself checked out at a doctor. Its critical to make sure you are not suffering from any latent injuries that may become more apparent after time. It quite normal that with the rush of adrenaline and nerves you experience immediately after an accident, your body may suppress pain as part of its ancient survival mechanisms. Frequently, you do not realize you are injured until you have had a chance to calm down. Injuries, even serious ones, can take days to manifest themselves and may not always have obvious symptoms. For your own health and safety, go to a doctor immediately after a car accident. Financially, the longer you wait to use your insurance, or make claims against the other party, the longer you may be stuck with unpaid medical bills or lost wages. The longer you wait to treat injuries, the

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