The Inland Empire is one of the most dangerous places in the United States to drive a car. In 2006, there were 758 deaths and 32,895 injuries in vehicles in the Inland Empire alone. The annual deaths and injuries have been calculated to cost these Inland Empire victims and their families over $4.7 billion.
These injury accidents range from whiplash to brain damage and paralysis. There is a large difference in how a case involving a minor or modest injury is handled compared to a catastrophic injury or death. Legal representation for a catastrophic accident involving a car accident requires in-depth experience and expertise that most general personal injury firms do not have. McCuneWright is uniquely qualified to handle the complex and unique issues of catastrophic car accidents in the Inland Empire.
Insurance Issues
When there is an accident involving catastrophic injuries or wrongful death in a car accident, many victims and their families are surprised to learn how little insurance is available from the responsible party. [ + ]
In representing clients involved in catastrophic car accidents, it is necessary to explore other sources of insurance besides the insurance carried by the driver. The victim's uninsured motorist coverage will provide coverage if the responsible driver is either uninsured or underinsured. There will sometimes be insurance policies that will cover the actions of the driver carried by the owner of the car or the employer of the driver of the car that is responsible for the accident.
It takes a law firm with experience in catastrophic car accidents to know how to identify the other insurance policies, know how to obtain the insurance policies, and then what to look for in the insurance policies. A law firm inexperienced in catastrophic car accidents will often overlook these potential insurance policies that are vital to fully compensate the client. McCuneWright is experienced in the nuances and complexities of catastrophic car accidents.
Defects in the Car
In every accident involving a car and catastrophic injuries or wrongful death, one of the earliest determinations must be whether a defect in the car caused the accident. To answer that question, the law firm must have experience in catastrophic car accident cases. First, it requires the knowledge to know how to obtain the information. Second, it is helpful if the law firm has existing relationships with the best experts who can evaluate the car for defect. Finally, it requires that the law firm has the experience in catastrophic car accident cases to know how to prove a product defect case. [ + ]
There is a maxim in product defect cases: "No Product, No Case." That means the most important issue in an auto product defect case is making sure the car is not repaired or ... [ + ]
The experienced law firm in catastrophic car accident cases knows that to obtain this information they must act quickly. Insurance companies are usually in a hurry to either repair or scrap the car so they do not have to pay storage. They also may be in a hurry to cover up evidence incriminating to the insurance company or driver. Once the car is repaired or scrapped, valuable information can and is usually lost.
Even when the law firm moves quickly by notifying the insurance company that they are not to alter the evidence, sometimes the insurance company will not agree to put off repairing or destroying the automobile. It is important in these situations that the law firm immediately moves for a Court order preventing the destruction of evidence. Without this Court order, the insurance company can repair the car, destroying evidence even over the law firm's objection. Most general law firms do not know this and think by putting the insurance company on notice that the vehicle is not to be repaired or destroyed, that they have protected the evidence. Thus, another reason why it is important to hire a law firm experienced in catastrophic car accident cases.
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The Experts to Use the Information
In auto product defect cases, the selection of the experts to investigate and testify about the product defects often is the difference between winning and losing cases. If the wrong expert is selected, a good ... [ + ]
Law firms with experience in catastrophic car accident cases already have existing relationships with the most qualified car product defect experts. They will know who to call, how the expert works, and the confidence of knowing the expert has the ability to effectively communicate the defect to a jury.
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Proving a Product Defect Case
Obtaining the right evidence and hiring the right experts is only the start of proving and winning an auto defect case. There are a number of traps in car ... [ + ]
First, proving an auto product defect case is very expensive. If the law firm is not willing or able to spend the hundreds of thousands of dollars involved in properly trying the case, a good case can be lost. Second, product defect law is different than general accident negligence law, and the experienced law firm knows how to apply product defect law in their favor. Third, experienced and successful catastrophic car accident law firms are successful for a reason; they know how to prove a case and persuade juries.
A proven track record of success in catastrophic car accident cases is usually the best predictor of success in the future. The experienced law firm in these types of cases should be able to provide you with their history of success. Click here to see our history of successes.
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Understanding the Client's Losses
The law firm must have the knowledge to understand the medical issues in the case and work to ensure that, in the difficult environment of insurance and medical providers, the client does not become just a number in the medical system and receives the medical treatment that is required. It requires the compassion to understand the client's loss.
Understanding What the Client Seeks in the Case
The law firm must have the ability to listen to the client and understand what the client seeks in the lawsuit. Lawsuits of these types of cases are not just about money; they are always about justice and usually about change.
The Ability to Effect Change
It is not enough to know what changes are needed. The law firm must have the ability to make the changes happen. Lawyers of McCuneWright have been instrumental in enacting or revising laws in State and Federal regulations after learning that the laws which should have protected people such as our clients did not.
The Ability to Obtain Full Monetary Compensation
The principal responsibility of the law firm is to obtain full monetary compensation for the client's losses. That happens when the law firm takes cases to trial and is successful in trial. Without success in trial, insurance companies do not settle for full monetary compensation.