Automobile Negligence Law
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This document contains notes from a law firm on various topics related to personal injury cases, including evaluating cases early on, statutes of limitations, collecting relevant documents and evidence, calculating damages, medical billing issues, jury instructions, trial strategies, and motions. Key steps mentioned are thoroughly evaluating cases early, obtaining all relevant documents like police and medical records, and properly preparing for trial through practices and preparing witnesses.
Automobile Negligence Law
- 1. Jeanelle Lust Knudsen Law Firm 800 314 7439
- 2. EVALUATION Early thorough evaluation is key May lose time up front Contingent Fee Worse to find out four years later youv e got a loser Knudsen Law Firm 800 314 7439
- 3. Conflict of Interest Learn basic facts Accident report Names of all parties and witnesses Insurance information both clients and party to be sued Fee Agreements Knudsen Law Firm 800 314 7439
- 4. Statute of Limitations 4 or 2 years Tolled Police Report Citations Issued Criminal History Medical Records release forms Compilation of medical bills Liens subrogation Witness Interviews Photographs Justice case filing histories Prior depostions Prior lawyers Knudsen Law Firm 800 314 7439
- 5. Statutes affecting the liability issues Guest Statute Comparative Negligence More than 50% Multiple defendants Tort Claims against the State or Political Subdivision Permission Knudsen Law Firm 800 314 7439
- 6. Knudsen Law Firm 800 314 7439
- 7. Repair or Restored measure of damages + loss of use If cost of repair exceeds market value measure of damages is market value Knudsen Law Firm 800 314 7439
- 8. Med Pay under clients auto policy 44-3,128.01 Med Pay by Provider or Health Insurance 52-401 (new) Defines who is liable for fees (insurance cos are, doctors arent) Defines rate at which reimbursed to provider (contracted rate) Defines rate at which client gets paid (private pay rate). Medicare/Medicaid Knudsen Law Firm 800 314 7439
- 9. NJI 2d Jury must be instructed correctly on the allocation of negligence Knudsen Law Firm 800 314 7439
- 10. Medical expenses Loss of Earnings Loss of Earning capacity Funeral expenses (where applicable) Loss of use of property Cost of repair or replacement Cost of substitute domestic services Loss of employment Loss of business or employment opportunities Knudsen Law Firm 800 314 7439
- 11. Pain Suffering Inconvenience Mental Suffering Emotional Distress Loss of society and companionship Loss of consortium Injury to reputation Humiliation Knudsen Law Firm 800 314 7439
- 12. Research In general in Nebraska cannot stack coverage Doesnt affect policy limits (old case law) Consider if any way to argue more than one accident Knudsen Law Firm 800 314 7439
- 13. Research Make sure sending correct notices Dont settle for less than policy limits Knudsen Law Firm 800 314 7439
- 14. Negligent Entrustment Assumption of Risk Admit liability Knudsen Law Firm 800 314 7439
- 15. Important to know pre-emption law when it comes to grade crossing accidents Get traffic signal info and eye witness testimony (possible action against State/Poli Sub) Knudsen Law Firm 800 314 7439
- 16. Rules of Evidence Exceptions Knudsen Law Firm 800 314 7439
- 17. Knudsen Law Firm 800 314 7439
- 18. Poli Sub/State Claims Choice Feel Good facts Anger Facts Witness credibility Hard legal theories Severity of injury Juror Questions Mock Trial Talk to real people Knudsen Law Firm 800 314 7439
- 19. Inflammatory photographs Criminal history Charges but not convictions Intoxication Insurance Corporate size Collateral source Daubert challenges Per diem closing arguments Subsequent remedial measures Undisclosed witnesses or exhibits Knudsen Law Firm 800 314 7439
- 20. Remember standards Let experts row your boat Ask if they are getting paid Knudsen Law Firm 800 314 7439
- 21. Prepare, prepare and prepare again Mock runs Take to courthouse Prepare experts Knudsen Law Firm 800 314 7439
- 22. When should plaintiff testify Boat rowing Knudsen Law Firm 800 314 7439
- 23. Importance of testimony of family and/or friends Medical diagnostic tools Day in the life films Knudsen Law Firm 800 314 7439
- 24. Talk to the jury Motions Costs Failure to admit Knudsen Law Firm 800 314 7439
- 25. Motions TIMING BONDS Knudsen Law Firm 800 314 7439
- 26. Knudsen Law Firm 800 314 7439