Using The Long Term Effects Of The Plaintiff's Injuries In A Automobile Accident Lawsuit To Reach A Substantial Settlement

 By: J. Hernandez
One of the most prevalent kind of injuries sustained by victims of auto accidents are fractures. Fractures generally occur to the legs, arms, pelvis, ribs, spine and skull. And with bone fractures commonly come several other injuries that can end in irreversible disabilities. Lawyers who prosecute these cases should have a good grasp of how to compute all the loses sustained by the victim (including future losses) and be able to completely pursue all possible defendants and sources of recovery.

This accident happened as a man was walking his dog along the side of a road. The pedestrian was hit by a motor vehicle and suffered a fractured ankle. In addition, he ruptured his spleen which induced substantial bleeding internally. Given the damage, he experienced kidney failure. Only fifty-seven years old, the plaintiff is now a candidate for a transplant and will have to have dialysis until he is able to have the transplant. The law firm that helped the man published that they were able to get a settlement in the amount of $2,500,000.

In the 2nd case a motor vehicle incorrectly went into an intersection and hit the passenger side of a different vehicle. This caused the 44 year old woman who was riding in the passenger seat to suffer a variety of injuries. Her injuries included fractures to the pelvis, clavicle and several ribs. She also sustained closed-head trauma and a bladder laceration. She incurred roughly $85,000 in expenses for medical expenses. And her injuries kept her from returning to work. Prior to the these injuries she had been earning around $18,700 a year as an administrative assistant. Given her age, this came to a $600,000 loss of earning capacity The motor vehicle insurance policy's personal injury protection coverage paid $36,000. The law firm that helped the woman reported that they achieved a settlement for $1.1 Million (past the $36,000) on behalf of the woman

As these two cases demonstrate when a motor vehicle accident results in bone fractures it generally also results in other injuries: closed head injuries, bladder, spleen lacerations to name a few. The injuries might lead to permanent disabilities. They can also result in a loss of earning income. The victims can be pedestrians as well as someone in the vehicle. Medical fees might be significant and can total thousands and thousands of dollars potentially even for treatment years in the future.

Given the nature and extent of the injuries and the amount of medical expenses settlements and verdict may be significant. Despite the fact that insurance companies regularly behave as though every injury is worth a set amount the elements they consider and the values they assign can lead to a sizeable undervaluing of the plaintiff's accident.

Skilled attorneys understand how to take numerous factors into account including the number and seriousness of the injuries, any permanent disability or scarring, the amount of past and future medical expenses incurred, the degree of lost income or loss of earning capacity, the type of witness the victim and the driver will make, and even the history of other case settlements and recoveries in the case's venue. Experienced attorneys additionally know to investigate all possible sources of recovery including not only the driver(s) but also anyone else who may have contributed to the accident or be vicariously liable, for example, the driver's employer.

If there is still insufficient insurance it may be possible to tap into uninsured or underinsured provisions of any policies that cover the victim. Occasionally it may also be necessary to go beyond insurance policies to other assets. Ultimately an experienced lawyer can make all the difference in the amount recovered.
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