Personal Injury Lawyer

Personal Injury Lawyers – when can they help? You have nothing to lose by asking a good Personal Injury attorney to investigate an injury or death claim. Nothing. What is the worst that might happen? You spend 30 minutes or so explaining the situation and the attorney sees no merit, declining further involvement.

A PI Attorney Understands A Claims’ Potential

On the other hand, the personal injury lawyer may see the potential that a claim exists … and be willing to investigate.

EXAMPLE: I was once contacted by the parents of “Jason” – a 16 years old male badly injured in a single-vehicle, roll-over crash. Jason’s 17-year-old friend, Harvey, was driving the pickup they occupied when Harvey lost control and rolled the pickup off the road. Because Jason was not wearing his seatbelt, Harvey’s auto insurance company told Jason’s family: “Jason’s injuries are Jason’s own fault. Jason should have worn a seatbelt. Your claim is denied.”

Related medical/surgical bills exceeded $129,000. Jason looks forward to 60+ years of pain and limited mobility because of this wreck. Jason’s parents didn’t know how to cover the care their son needed. It was time to call a personal injury lawyer and ask questions.

Investigating Claims

Jason’s parents asked us to investigate.

We gathered the police report, visited the scene, spoke with Harvey, measured and photographed the pickup truck, got ahold of the pickup’s “black box” and performed appropriate legal research. Initially, we confirmed: (1) that Harvey was negligent because the Rule of The Road require drivers to stay within their lane unless it is safe to leave it (13 AAC 02.085); and (2) Harvey’s insurance company was partially correct: Any part of Jason’s injuries caused by Jason’s failure to wear a seatbelt were Jason’s responsibility, not Harvey’s. See: Hutchins v. Schwartz, 724 P.2d 1194 (Alaska 1986).

A good personal injury lawyer knows that what is needed, is to determine how much of Jason’s injuries were caused by Jason’s failure to wear a seatbelt.

Knowing When To Hire An Expert

The firm hired a certified Accident Reconstruction (AR) expert to help us investigate. The investigation helped determine whether Jason’s lack of a seatbelt contributed to Jason’s injuries. The AR expert/engineer performed extensive tests, most directed to recreating the Crash that he could evaluate structural damage of the pickup. The AR expert finally concluded:

“No. Jason’s failure to wear a seatbelt in no way caused or made Jason’s injuries worse. The roof of the pickup was badly crushed in the crash. Thus, the lack of seatbelt had no bearing on Jason’s injuries. The roof was so badly crushed, it impacted the pickup’s bench seatback. Indeed, if Jason had been wearing a seatbelt, he probably would have died in the Crash.”

Because Jason’s parent’s spoke to a personal injury lawyer instead of letting the insurance company deny their son needed care, Harvey’s insurance company paid Jason full liability “Policy Limits” of $100,000. It also paid Jason full Underinsured Motorist “Policy Limits” of another $100,000. Finally, Jason’s family auto insurance paid Jason another Underinsured Motorist “Policy Limit” of $50,000. The insurance company also paid Jason’s medical bills. Jason is getting the vocational rehabilitation he needs and can look forward to a reasonably well-paying job.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Please call Johnson Law to discuss your case: (907)277-3090 or use our online contact form.

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