… A 50-year-old nurse was a passenger in her husband’s pick up truck when a young driver, talking on her cell phone, changed lanes suddenly in front of them causing a collision. The nurse had “limited tort” auto insurance which meant she could only recover for her pain and suffering if she had a serious injury. She had a long history of depression before the crash. Although her head did not strike the interior of the truck, the sudden acceleration and deceleration caused a brain injury. She had post-concussion syndrome and was permanently disabled. The young driver’s automobile insurance company initially refused to settle for the moderate … [Read more...]
Boyfriend Strikes On-Coming Vehicle Head On
…A 17-year-old girl was a passenger in her boyfriend’s car travelling on a country road. The boyfriend lost control on a curve, crossing the center line and striking an on-coming vehicle head on. The young woman suffered life-threatening injuries, including a torn aorta, the main artery of the heart, as well as broken bones in her face and leg. She stayed almost a month in the hospital and had to repeat her senior year of high school. After negotiations, the case settled for a lump-sum up front cash settlement plus monthly payments for ten years. … [Read more...]
Car Rear-Ended Neck Injury
…A 55-year-old woman had neck surgery after the car she was riding in was rear-ended. The pre-existing arthritis in her neck was aggravated by the car crash, causing severe pain and endangering her spinal cord. A settlement was made with the other driver’s insurance company for the limits of his insurance policy. When the woman’s own insurance company refused to make a fair settlement of her underinsured motorist claim, three arbitrators awarded her substantially more than she had requested. … [Read more...]
Driverless Car Strikes Car Waiting at Traffic Light
…A 55-year-old building custodian was waiting in her car at a traffic light. A driverless car rolled out of a nearby parking lot, over a hill, and crashed into the custodian’s stopped car. The crash triggered a prior seizure disorder. The owner of the driverless car claimed that she put it in park before leaving to do some shopping. Investigation showed that this model of car had problems with its parking gear, permitting the key to be removed from the ignition even when the car was not in part. After the investigation and depositions, the car manufacturer settled the claim. … [Read more...]
Careless Driver on Golf Course
…A 45-year-old golf course owner shattered bones in his right leg and left foot after a careless driver crossed the center line, striking the man’s car head on. The careless driver had minimal automobile liability insurance. The golf course owner presented a claim to his own insurance company for underinsured motorist benefits. After a series of hearings, three arbitrators directed the insurance company to pay the man and his wife the full amount of his benefits. … [Read more...]
Wedding Limousine Rental Accident
… A 44-year-old woman rented a limousine for her daughter’s wedding. As she was stepping out of the limousine after buckling in her Godchild, the step attached to the door collapsed and she fell forward but was caught by one of the groomsmen. She severely injured the tendons in her ankle. When the lawsuit was filed, the limousine company was out of business and the owner was in jail for fraud involving an unrelated business. After extensive investigation and several depositions, the insurance company settled with the woman. … [Read more...]
Construction Vehicle Impacts Car
… A 50-year-old woman, her son and some friends were returning in her car from a trip to an amusement park in Ohio. Almost immediately after she exited the interstate, a construction vehicle traveling in the opposite direction suddenly turned in front of her path, causing a terrible impact. She shattered her heel bone and missed several months of work. She was a single mother raising her teenage son. The case settled on the eve of trial after extensive negotiations during a private mediation hearing. … [Read more...]
A Possible Solution to PA’S (UN) Fair Share Act – Maximizing Your Recovery
Pennsylvania recently amended its long-standing law regarding joint and several liablity. Joint and several liability applies when more than one party is responsible for an injury. Under the old law, any party at least one percent at fault was jointly and individually liable for all of the damages. This protected the injured victim when the most responsible party had insufficient insurance or assets. This has now changed with the recent amendments. The joint and several liability amendments limit the liability of a defendant who is less than 60% at fault to his proportionate share of liability. Under the amendments’ language, however, … [Read more...]