Articles Posted in Pre-Trial Settlements

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Earlier this month, an appellate court in Alaska issued an opinion in a car accident case, affirming the lower court’s decision to uphold the jury’s defense verdict. In addition, the appellate court affirmed the lower court’s decision to award reasonable attorney’s fees to the defendant after it was shown that the plaintiff turned down a reasonable pre-trial offer.

Snowy RoadMarshall v. Peter:  A Minor Accident Results in a $200,000 Lawsuit

The plaintiff, Marshall, was stopped at a red light, waiting to make a turn. The defendant, Peter, pulled up behind Marshall and came to a complete stop. At the time, the roads were icy and very slick, but Peter was able to come to a complete stop behind Marshall without issue.

When the light turned green, Marshall started to pull forward. Peter then lifted his foot off the brake pedal and started to roll forward. As he did so, Marshall stopped her car in the intersection as another car approached. Peter attempted to stop his car, which was going about three miles per hour at the time, but his car slid on the ice and into the back of Marshall’s car.

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Earlier last month, four of the five families who lost loved ones in a truck accident entered into and accepted settlement negotiations with the employer of the truck driver who was determined to be at fault in the accident. According to a local news source covering the tragic accident and subsequent settlement, three of the four settlement amounts are still confidential. However, it was released that one family was provided $14 million for the loss of their loved one.

Semi TrucksSettlement Negotiations in Truck Accident Cases

It is commonly asked why so many personal injury cases end up as settlements. While there are several reasons for this, and many are based on the personal preferences of the specific parties involved, certainty is one of the main motivating factors. Even a seemingly rock-solid case can lose its strength if certain evidence is discovered or if an unfavorable pre-trial ruling is made. In these cases, it may behoove a plaintiff to accept a guaranteed sum of money rather than take the case to trial and potentially end up with nothing.

The Facts of the Case

Evidently, back in April of last year, five nursing students were traveling to work on Interstate 16. The students were split up into two cars, and they had come to a stop in a traffic jam that was caused by an unrelated accident. While the two vehicles were in stop-and-go traffic, a truck came up from behind traveling at a high rate of speed. The truck slammed into the rear of one of the vehicles carrying several students. That vehicle then crashed into the other vehicle carrying the remaining students.

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