Car accidents and liability: Four options

| Nov 11, 2020 | Car Accident |

A car accident can cause turmoil on many different fronts. First, there is the possibility of injury. Dealing with emergency response teams, doctors, physical therapists and continued treatment can mean a few hours or months of treatment to heal after a crash. There is also the need to deal with the vehicle. It is likely that in the least, your car will need repairs. It is also possible that you will need to consider the vehicle totaled and get a replacement.

Dealing with each issue individual can be overwhelming but adding in the bills that come with these issues and the potential for lost income due to missed work can leave your head spinning. One thought that may cross your mind: who is responsible for these expenses?

Who should pay for the costs of the accident?

If you believe another driver was not operating their vehicle safely, it is likely that driver is responsible for the costs of the accident. This liability can be determined in many different ways. Four of the more common include:

  • It is possible that the other driver admits to causing the accident at the scene of the crash. If this is the case, make a note of the conversation and share it with police.
  • Police report. Police generally file a police report if called to respond to an accident. This report can include information about who was at fault.
  • Insurance companies. Insurance companies will review the evidence and negotiate, deciding of fault.
  • The courtroom. Those who are treated unfairly by any of the other options can take the matter to court. The case may resolve either through negotiations or, if needed, traditional litigation in front of a judge and jury.

Those who find themselves dealing with these issues are not alone. You can seek legal counsel to navigate these discussions on your behalf.

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Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.