Bicyclist Severely Hurt In Automobile Accident Compensated $3,500,000 With Help Of Expert
The right expert witness can make the difference between a winning outcome and the loss of a motor vehicle accident lawsuit
. In realistic terms, however, it is not always economically feasible to retain an expert witness. The economics of a claim involving minor injuries where the recovery is likely to be for a modest amount make it too expensive to hire an expert. For cases with significant injuries and ample insurance or assets are available for a substantial recovery and the defense is denying fault, though, getting the correct expert may make all the difference.As an example, in one reported case an older gentleman was driving his car when he lost control and caused a vehicle accident in which he hit a bicyclist. The bicyclist was riding along a bike path next to the road. He was 40 years old. Subsequent to hitting the bicyclist the car continued and hit a telephone pole. The driver suffered extensive trauma to the chest area and died at the scene of the accident prior to any medical personnel reached the accident scene.
The victim sustained a head injury that left him in a coma and resulted in irreversible brain damage. He has two daughters yet he will never be able to go back home as a result of this accident related disability. He will in all likelihood never be able to work again. It is anticipated that he will have to have constant life care and that he will need to be in a long-term facility or institution. The cost of his medical care up to the time was more than $500,000.
The defense denied liability in the matter. The autopsy of the driver disclosed that he had suffered a heart attack. The defense argued that the driver had had a sudden heart attack which is what led to him to lose control of his car and slam into the victim. The idea is that if the accident was caused not by the driver's negligence, but from a medical emergency, then the defendant was not at fault and the plaintiff could not win his claim. The end result would be that the insurance company would not have to compensate the victim. Given the circumstances many law firms would have declined the claim at this point. The victim was fortunate to have retained a law firm that was willing to investigate further. In order to figure out a heart attack caused the accident the law firm retained a medical expert.
The law firm sent slides of heart tissue taken from the autopsy to a medical expert for more in-depth study. The medical expert was able to conclusively demonstrate that the heart attack did not take place until after the defendant suffered trauma to his chest from slamming into hitting the telephone pole.
The law firm was able to report that the defense settled the lawsuit for $3.5 million, including $1. million for the man's wife on her claim for loss of consortium. Insurance company adjusters do not settle claims for amounts such as those recovered in this case unless they are persuaded that it is not worth the risk of taking the case to trial. This lawsuit serves as an example the issues that establish when identifying and retaining an expert to definitively establish liability can make all the difference in the outcome of the case.
Bicyclist Severely Hurt In Automobile Accident Compensated $3,500,000 With Help Of Expert
By: J. Hernandez Handling Auto Accident Claims Your Resource For Filing An Automobile Accident Claim Signed Football Memorabilia- Autographed Footballs and Signed Shirts The need of experienced lawyer in spinal cord injury accidents Accident Attorney Whiplash Injuries Treatment Call 227-4848 Orv Accidents, Injuries, & Michigan Lawsuits Injury Claim Can Be Essential Ingredient To Recovering After An Accident Auto Paintball Guns Can Be Expensive Autographed Golf Memorabilia, Boxing Autographs and Signed Football Memorabilia Car Insurance Accident Scams (1) How To Sell Autographed Footballs. Victims Of Unusual Accidents Should Consider Making A Personal Injury Claim What to do in an Auto Accident