automobile negligence law
DESCRIPTION
Presentation on the basics of Neb.\'s auto negligence lawsTRANSCRIPT
Knudsen Law Firm 800 314 7439
Automobile Negligence Law
Jeanelle Lust
Knudsen Law Firm 800 314 7439
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
Knudsen Law Firm 800 314 7439
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
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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
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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
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Your Complete Guide To Damages
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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
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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
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Threshold Issues
NJI 2d
Jury must be instructed correctly on the allocation of negligence
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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
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Noneconomic Damages
Pain Suffering Inconvenience Mental Suffering Emotional Distress Loss of society and companionship Loss of consortium Injury to reputation Humiliation
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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
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Uninsured/Underinsured Coverage
Research Make sure sending correct notices Don’t settle for less than policy limits
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Considerations Where Alcohol/Drugs Are Involved
Negligent Entrustment Assumption of Risk Admit liability
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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)
Knudsen Law Firm 800 314 7439
Collateral Source Payments
Rules of Evidence Exceptions
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Trial of the Case
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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
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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
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Expert Testimony
Remember standards Let experts row your boat Ask if they are getting paid
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Witness Preparation
Prepare, prepare and prepare again Mock runs Take to courthouse Prepare experts
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Persuasive Presentation of Evidence
When should plaintiff testify Boat rowing
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Effectively Demonstrating the Impact of Injuries
Importance of testimony of family and/or friends
Medical diagnostic tools Day in the life films
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Comprehensive Post-Trial Follow-up
Talk to the jury Motions Costs Failure to admit
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Preparing for the Next Step: Motions and Appeals
Motions TIMING BONDS
Knudsen Law Firm 800 314 7439
Jeanelle Lust 402 475 [email protected]