The key to getting the most from a lawyer is knowing when you need one and what type of attorney you need. When fighting with a spouse goes over-the-line, it is time to call a family attorney. When the District Attorney’s office charges someone with a crime, it is time to call a criminal defense attorney. These example are relatively obvious.
What do you do when you have been wronged in other ways? How do you know if the law will help you?
Getting The Most From A Lawyer: Example of a Claim
I was contacted by a family. Their son, “Jessie” – a young man (16 years old) was badly injured in a single-vehicle roll-over. Jessie’s friend, Nick, was driving the pickup they occupied when Nick lost control and rolled off Chena Hot Springs Rd. Jessie was not wearing his seatbelt. Nick’s auto insurance company told Jessie’s family “No”: “Jessie’s injuries are Jessie’s own fault. Jessie should have worn a seatbelt. Go away.”
Jessie’s medical and surgical bills totaled more than $129,000. Jessie looks forward to 60+ years of pain and limited mobility because of this wreck.
Jessie’s Mom Asked For Help
We gathered the police report, visited the scene, spoke with Nick, measured and photographed the pickup truck, got ahold of the pickup’s “black box” and performed appropriate legal research. Initially, we confirmed: (1) that Nick was negligent because the Rules of The Road require drivers to stay within their lane unless it is safe to leave it (13 AAC 02.085); and (2) Nick’s insurance company was at least partially correct: Any part of Jessie’s injuries caused by Jessie’s failure to wear a seatbelt were Jessie’s responsibility, not Nick’s. Hutchins v. Schwartz, 724 P.2d 1194, 1199 (Alaska 1986).
We thus began to figure out just how much of Jessie’s injuries were caused by Jessie’s failure to wear a seatbelt.
We hired a certified Accident Reconstruction Expert to help investigate, hoping to shed light on whether Jessie’s lack of a seatbelt contributed to Jessie’s injuries. The Expert performed extensive tests, most directed toward recreating the crash. He evaluated damage of Nick’s pickup. The Expert finally concluded: “No. Jessie’s failure to wear a seatbelt in no way caused or made Jessie’s injuries worse.” In a nutshell, there was no connection between Jessie’s failure to wear a seatbelt and Jessie’s injuries is because the roof of the pickup was badly crushed. The roof was so badly crushed, it impacted the pickup’s bench seatback. Indeed, if Jessie had been wearing a seatbelt, he probably would have been killed in the Crash.
How Did the Case End?
After we put together Jessie’s case, the insurance company paid Jessie full liability “Policy Limits” of $100,000 under Nick’s auto policy. It also paid Jessie full Underinsured Motorist “Policy Limits” of another $100,000. Finally, Jessie’s family also had auto insurance that paid Jessie another Underinsured Motorist “Policy Limit” of $50,000. Jessie’s medical bills were paid. Jessie is getting the vocational rehabilitation he needs and can look forward to a reasonably well-paying job.
Today’s blog is part two of a four part series. Visit us here each Wednesday in May for examples of what to expect from and how to get the most from a lawyer. See: One, Three, and Four
The Merdes Law Firm has been helping injured Alaskans for more than 30 years. It’s who we are. And while we hope you never need us … We’re here if you do. ~ Ward Merdes
Source: Ward Merdes, Alaska Administrative Code, Alaska Case Law
Image Source: KOLD News
