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  1. #1
    Ouch Guest
    My wife,my two sons and I were recently hit in the back at a intersection. We both sustained neck injuries and my wife reaggravated a back injury. In addition to getting the insurance to pay for our car and actual medical expenses, my wife,although still going to work, is going through a lot of pain. I'm not tring to get rich but I think it is unfair to put my wife through this.
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    <BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Ouch:
    My wife,my two sons and I were recently hit in the back at a intersection. We both sustained neck injuries and my wife reaggravated a back injury. In addition to getting the insurance to pay for our car and actual medical expenses, my wife,although still going to work, is going through a lot of pain. I'm not tring to get rich but I think it is unfair to put my wife through this. <HR></BLOCKQUOTE>


    My response:

    Thank you for sharing. Did you have a question? If so, tell us the name of your State.

    IAAL


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  3. #3
    ouch Guest
    North Carolina
  4. #4
    I AM ALWAYS LIABLE is offline Senior Member
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    <BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by ouch:
    North Carolina<HR></BLOCKQUOTE>

    My response:

    Okay, one last time. Did you have a question?

    IAAL

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    By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

  5. #5
    Ouch Guest
    Sorry my question is does my wife qualify to get any type of settlement for the pain she is going through?
  6. #6
    I AM ALWAYS LIABLE is offline Senior Member
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    <BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Ouch:
    Sorry my question is does my wife qualify to get any type of settlement for the pain she is going through?<HR></BLOCKQUOTE>

    My response:

    Your most important step after an accident is to hire an experienced personal injury attorney! This will allow you to concentrate on your most important job-- getting better.

    Unlike States like California, which are "comparative negligence States," North Carolina is "a contributory negligence state" - the worst way to measure the accountability for damages - - which means that an automobile accident victim seeking compensation for his personal injuries and property damage must not have contributed to the cause of the accident or he gets nothing!

    Taking California as an example, again, in a "Comparative Negligence" State, each party is entitled to make a claim for full damages, or a "percentage" from 1 to 100% - - not "all or nothing" as is the case with North Carolina. To further exascerbate the situation of your wife, if it can be shown that she was only 1% (one percent) at fault, then she may get nothing. This, I agree, is HIGHLY UNFAIR and should be changed. California realized the unfairness of Contributory Negligence years ago, with the Appellate case of Li vs. Yellow Cab Company, which changed the face of tort law for the better.

    While there are limited exceptions to this general rule of Contributory Negligence in your State, your personal injury attorney will clarify your position and will speak for you so that you do not unwittingly "create a dispute" about the cause of the accident.

    Once your attorney demonstrates to the insurance company for the at-fault party that you did not contribute to the accident they generally "accept liability" for your personal injuries and property damage. However, just because an insurance company agrees to "accept liability" for an accident, does not mean that they will pay any money to the accident victim! Let me be perfectly clear about this. Should an insurance company even "offer money" on a case in which they have "accepted liability", this does not mean that they will pay a fair amount of money for your injuries and damages! If so, personal injury attorneys would not be in business.

    Your personal injury attorney will address the money issue by defining and documenting each applicable claim you have to the insurance company so that your dispute will have the best chance for a favorable financial settlement outside of court.

    Finally, your personal injury attorney will be able to offer advice on whether you should accept the insurance company's offer, counter-offer or file a lawsuit to resolve the matter.

    Good luck.

    IAAL



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    By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

  7. #7
    Kaboom Guest
    <BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:


    North Carolina is "a contributory negligence state" - the worst way to measure the accountability for damages - - which means that an automobile accident victim seeking compensation for his personal injuries and property damage must not have contributed to the cause of the accident or he gets nothing!
    <HR></BLOCKQUOTE>

    Is Michigan a "contributory negligence" state? I have browsed through the resources on this site and I was unable to find anything about contributory negligence. Thanks!

  8. #8
    I AM ALWAYS LIABLE is offline Senior Member
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    <BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Kaboom:
    Is Michigan a "contributory negligence" state? I have browsed through the resources on this site and I was unable to find anything about contributory negligence. Thanks!

    <HR></BLOCKQUOTE>


    Contributory negligence
    In states with contributory negligence, if the plaintiff's own carelessness or recklessness contributed to his or her injury, the defendant is not liable. For example, suppose someone slips and falls in an icy parking lot, but at the time of the fall, the individual was horsing around with friends. While the landowner is responsible for cleaning and salting the area, the individual's own negligence contributed to the accident. Therefore, in a state that allows the contributory negligence defense, the defendant may not be liable.

    Even if the plaintiff has been found contributorily negligent, however, the legal theory of "last clear chance" may provide the plaintiff with a counter-defense to contributory negligence. In last clear chance, the plaintiff asserts that although he or she was contributorily negligent, the defendant is still liable because he or she didn't take advantage of the last clear chance to avoid the harm.
    Example: Suppose you carelessly back out of your driveway without looking for oncoming traffic. One day, your neighbor sees you backing out and, instead of slowing down to avoid hitting you, he or she speeds up to try to get around your car. If your neighbor crashes into your car, you may assert the "last clear chance," arguing that your neighbor could have slowed down to avoid the accident right before it occurred.


    States with contributory negligence are:

    Alabama North Carolina
    District of Columbia South Dakota
    Maryland Virginia

    Comparative negligence
    If a state allows the comparative negligence defense, the judge or jury determines how the plaintiff's carelessness compares to the defendant's carelessness. If the plaintiff is found partially at fault for an accident, he or she has not lost the case altogether. Comparative negligence is simply used to calculate the degree of the plaintiff's negligence and, as a result, reduce the plaintiff's claim reward. In "pure" comparative negligence, the award of damages to the plaintiff will be reduced in direct proportion to the plaintiff's percentage of fault, no matter what the ratio.

    For instance, if you are 30 percent at fault for an accident, you could recover 70 percent of your damages. If you are 70 percent at fault for an accident, you could recover only 30 percent of your damages. In states that have adopted pure comparative negligence, your claim reward is reduced by your percentage of fault--even if your percentage of fault exceeds the defendant's.

    States with "Pure" comparative negligence are:

    Alaska Mississippi
    Arizona Missouri
    California New Mexico
    Florida New York
    Kentucky Rhode Island
    Louisiana Washington
    Michigan

    "Modified" comparative negligence
    Some states have a modified form of comparative negligence. Under this defense, if the plaintiff is found to be more than 50 percent or 49 percent (depending on the state) at fault, he or she cannot collect any money on the claim. For example, if a plaintiff is found to be 40 percent at fault, he or she would recover 60 percent of his or her damage. If, on the other hand, the plaintiff is found to be 60 percent at fault, he or she would recover nothing because his or her fault is greater than that of the defendant. Modified comparative negligence precludes a plaintiff from recovering damages if the plaintiff's percentage of fault is equal to--or greater than--the defendant's.

    States with "modified" comparative negligence are:

    Arkansas Nevada
    Colorado New Hampshire
    Connecticut New Jersey
    Delaware North Dakota
    Georgia Ohio
    Hawaii Oklahoma
    Idaho Oregon
    Illinois Pennsylvania
    Indiana South Carolina
    Iowa Tennessee
    Kansas Texas
    Maine Utah
    Massachusetts Vermont
    Minnesota West Virginia
    Montana Wisconsin
    Nebraska Wyoming



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    By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

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