Automobile Negligence Law

Knudsen Law Firm 800 314 7439

Automobile Negligence Law

Jeanelle Lust


Initial Considerations

EVALUATION Early thorough evaluation is key May lose time up front Contingent Fee ▪ Worse to find out four years later you’v e got

a loser


Initial Interview and Case Assessment

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


Thorough Case Investigation Techniques

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


Being Prepared for Liability Issues

Statutes affecting the liability issues Guest Statute Comparative Negligence▪ More than 50%▪ Multiple defendants

Tort Claims against the State or Political Subdivision

Permission


Your Complete Guide To Damages


Assessing Property Damage

Repair or Restored– measure of damages + loss of use

If cost of repair exceeds market value – measure of damages is market value


Medical Expenses

Med Pay under client’s 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 aren’t)▪ Defines rate at which reimbursed to provider

(contracted rate)▪ Defines rate at which client gets paid (private pay

rate). Medicare/Medicaid


Threshold Issues

NJI 2d

Jury must be instructed correctly on the allocation of negligence


Economic Damages

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


Noneconomic Damages

Pain Suffering Inconvenience Mental Suffering Emotional Distress Loss of society and companionship Loss of consortium Injury to reputation Humiliation


Stacking Coverage

Research In general in Nebraska cannot stack

coverage Doesn’t affect policy limits (old case law) Consider if any way to argue more than

one accident


Uninsured/Underinsured Coverage

Research Make sure sending correct notices Don’t settle for less than policy limits


Considerations Where Alcohol/Drugs Are Involved

Negligent Entrustment Assumption of Risk Admit liability


Considerations Where The Roadway and /or Signing Are Contributing Factors

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)


Collateral Source Payments

Rules of Evidence Exceptions


Trial of the Case


Jury or Non-Jury – Plaintiff and Defense Considerations

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


Motions in Limine

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


Expert Testimony

Remember standards Let experts row your boat Ask if they are getting paid


Witness Preparation

Prepare, prepare and prepare again Mock runs Take to courthouse Prepare experts


Persuasive Presentation of Evidence

When should plaintiff testify Boat rowing


Effectively Demonstrating the Impact of Injuries

Importance of testimony of family and/or friends

Medical diagnostic tools Day in the life films


Comprehensive Post-Trial Follow-up

Talk to the jury Motions Costs Failure to admit


Preparing for the Next Step: Motions and Appeals

Motions TIMING BONDS


Jeanelle Lust 402 475 [email protected]

Documents

Automobile Negligence Law