Bicyclist Seriously Harmed In Automobile Accident Compensated $3,500,000 With Help Of Medical Expert
By: J. Hernandez
Submitted: 2010-08-20 13:33:34 | Word Count: 553
The correct expert witness can make the difference between a successful outcome and the loss of a motor vehicle accident lawsuit. In practical terms, however, it is not always economically feasible to hire 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 retain an expert. For cases with major injuries and enough insurance or assets are available for a significant recovery and the defense is denying responsibility, however, retaining the right expert can make all the difference.
Think about the following published case. The vehicle involved in this vehicle accident case was operated by an elderly man. He somehow lost control of the vehicle, struck a 40 year-old man who was riding his bicycle along the bike path alongside the road, then hit a telephone pole. The driver suffered severe trauma to the chest area and died at the scene of the accident prior to any medical personnel came to the accident scene.
[ advertisement ]
As a result of the motor vehicle accident the plaintiff sustained a head injury. He went into a coma and was diagnosed with permanent brain damage. He was not able to return home with his children. He was not able return to work. The bicyclist probably will need lifelong care in a rehabilitation facility or institution. The cost of his medical care up to the time was over $500,000.
The defense claimed they were not responsible for the accident. The autopsy of the driver disclosed that he had experienced a heart attack. The defense argued that the defendant had had a sudden heart attack which is what caused him to lose control of his vehicle and hit the plaintiff. The idea is that if the accident was the result not of the driver's negligence, but from a medical emergency, then the driver was not at fault and the plaintiff would not be able to succeed on his lawsuit. The end result would be that the insurance company would not have to pay any money to the plaintiff. Given the situation the majority of law firms would not have continued with the claim at this point. The victim was lucky to have retained a law firm that was willing to check further. To determine what actually happened the law firm retained a medical expert.
The law firm sent slides of heart tissue taken from the autopsy to a medical expert for detailed examination. The medical expert was able to definitively demonstrate that the heart attack did not take place until after the driver suffered trauma to his chest from striking hitting the telephone pole.
As per the law firm's report once liability was confirmed the defense agreed to settle the lawsuit for $3,500,000. This amount included $1,000,000 for the loss of consortium claim by the victim's wife.
Author Resource:-
Joseph Hernandez is an Attorney accepting motor vehicle accident cases. To learn more about how a bicycle accident lawyer may be able to assist you and about other vehicle accident cases including pedestrian accident cases visit the websites
