By: J. Hernandez
Submitted: 2010-11-22 19:45:17 | Word Count: 565
The right expert witness can make the difference between a successful outcome and the loss of a vehicle accident case. In realistic terms, though, it is not always economically feasible to retain an expert witness. The economics of a case involving minor injuries where the recovery is probably going 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 significant recovery and the defense is arguing fault, though, retaining the right expert can make all the difference.
As an example, in one documented case an elderly man 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 slammed into a telephone pole. The driver was found to have suffered heavy trauma to the chest in the accident. He died at the scene of the accident prior to the arrival of first responders.
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As a result of the accident the victim sustained a head trauma and lapsed into a coma. He came out of the coma but was diagnosed with brain damage. He has 2 daughters and he will never be able to go back home because of this accident related disability. He will in all probability never be able to work again. He will probably have to get life care on a continuous basis because of his disability. He will also probably need to live in a rehabilitation facility or institution for the remainder of his life. As of the time the case was published the cost of his medical care had already reached greater than $500,000.
The defense took the position that the driver lost control of his car because of a sudden heart attack. As such a medical emergency, not the driver's negligence, caused of the accident and the driver was not at fault for the accident and the injuries to the bicyclist. The end result would be that the insurance company would not need to compensate the bicyclist. Under the situation the majority of law firms would have declined the lawsuit at this point. The biycyclist was fortunate to have retained a law firm that was prepared to check further. In order to figure out what actually happened the law firm retained a medical expert.
The law firm that handled this matter had slides of the driver's heart tissue reviewed by a medical expert who was able to establish that the heart attack did not happen before the accident. Rather the heart attack took place following the accident as a result of the trauma experienced when he slammed into the pole.
As per the law firm's report once fault was proven the defense agreed to settle the claim 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 motor vehicle accident may help you and about other accident cases including fatal car accident cases visit the websites
