The simple answer to this question is yes. A lawsuit can still be filed for injuries suffered even if the person who was hurt was not wearing a seatbelt at the time of the crash.
The person who is injured must prove that the other driver was negligent and that the at-fault driver caused a serious injury as a result of the accident at the outset of the case. But after this is established, the at fault driver is very likely to hire an expert witness to find and develop any evidence to argue that the wounded driver’s injuries would have been less severe had a seatbelt been worn. The judge in the case will then determine the degree to which it can be proven that the injuries would have been minimized by a seatbelt. According to the judge’s decision, the at-fault party will not have to pay expenses beyond injuries that would have been caused while a seatbelt was worn.
For example, if the accident would have resulted in two days in the hospital and a broken leg had a seatbelt been worn, the at-fault driver is liable for that injury. However, if the accident would have caused the broken leg, but resulted in the same broken leg and a serious brain injury because the seatbelt was not worn, the at fault driver does not have to pay for the brain injury.
Obviously, as Peoria auto accident lawyers, we understand that many times people come to us after the fact. They wish they would have worn their seatbelt, but they did not. And they would still like to make a claim. There is a slim chance of winning limited damages in this situation. Since the burden of proof rests upon the at fault driver to show the damage that could have been prevented, the claim may still be viable.
For more information regarding your legal options and rights as an auto accident injury victim, whether you were wearing your seatbelt or not, please feel free to contact a Arizona personal injury attorney at Breyer Law Offices, P.C. We always provide free, no-obligation consultations to injury victims and may be able to help you with your potential case.
When an injured person or group of individuals has health insurance available, it is rarely necessary to receive health care based on a lien which entitles medical professionals to reimbursement when the case is settled. Cases in which a sound insurance policy applies are the safest bet for the client and her attorney because Phoenix personal injury lawyers will not ordinarily have to get involved in the client’s medical care. The plain truth is that most of the time a lawyer wants to avoid taking any action that could appear to create any conflict between that lawyer and good medical care for the client.
Any time a lawyer refers a client to a doctor, she risks the possibility that the case could go to trial, where a jury could be convinced that the lawyer was more interested in making money than she was in the client’s medical condition and care. For this reason, lawyers must be very cautious about getting involved with the medical care of a client. Moreover, a knowledgeable lawyer will do everything possible not just to find a doctor who will provide necessary medical care because he cares only about finding the best possible treatment for his clients—even those who are unable to pay without his help.
Nothing is more important to us at Breyer Law Offices than the health of our clients. We pledge to do everything we can to make sure our clients do not suffer needlessly through pain or disability due to a lack of medical care. As Peoria personal injury attorneys who have helped our clients handle nearly every type of personal injury, we are committed to more than just achieving the best possible legal result. We are committed to our clients. We know that when a client is able to return to full strength or, at minimum, receive the best medical care and see significant improvement from a medical standpoint, we are all better off.
If you are concerned that you may not be financially able to obtain the medical care you need after a serious auto accident or other personal injury claim, please do not hesitate to contact us. At Breyer Law Offices, P.C, we strive to do everything we can to make sure our clients have access to the medical treatment they need to achieve the best possible recovery after an automobile accident.
In our previous post, we discussed how Arizona law makes available several options for individuals who are injured in an auto accident in Arizona and have health insurance available to them. The most common possibility when a person is injured is that the injured person will realize the advantage of having two different insurance companies that are required to cover the same medical bills.
This course of action logically benefits the person who took the initiative to make sure they were properly insured in the first place. When this is the situation, the collateral source rule comes into play. When it pertains to a car accident case, this would mean that the insurance company for the at-fault driver must still pay all medical bills that are judged to be reasonably incurred as a result of injury suffered at the hands of their insured. At the same time, the injured party’s health insurance also bears the responsibility to cover those same bills. Since doctors do not need to be paid twice for their services, additional monies can often be used to help compensate the injury victim.
Although a well-insured motorist who is injured will likely have medical expenses paid accordingly, making sure that the doctors are properly paid and that all insurance contracts and laws are followed can be a very complicated task. That’s why hiring a top Peoria, AZ car accident lawyer is absolutely crucial for an accident victim who is trying to get the best possible medical care. Retaining a reliable attorney also ensures that victims are fully compensated for every aspect of their suffering as a result of the negligent driving of somebody else.
If you want honest answers to how you should handle health insurance in concert with additional insurance so your medical needs will be remunerated, do not hesitate to contact Breyer Law Offices today. We will give you an honest assessment regarding the best way to tackle your insurance issues so you can be sure you will be fully compensated, your doctors will be fully compensated, and you will get the excellent medical treatment you need to heal.
