Should I Take An Ambulance After A Car Accident?
You should always take an ambulance after a car accident if you feel there is any chance you could be seriously hurt. The sooner you receive medical attention to address a severe injury, the better your chances of a speedy recovery.
Even if you worry about the cost of emergency transportation, such concerns should be secondary to protecting your health.
If you do not feel hurt, or you think you have only minor injuries, you can forgo the ambulance ride, but it is still very important to see a doctor as soon as possible, ideally the same day as the crash.
If nothing else, a medical exam gives you peace of mind, allowing you to move on from the accident without worrying if you are neglecting a potentially serious injury.
Always See a Doctor Immediately After a Car Accident
Even if you do not feel injured, you should always see a doctor for a full medical exam as soon as possible after a car crash.
Despite feeling healthy and uninjured, you could have internal injuries that have yet to present themselves with symptoms. It is the severe injuries — those to the head and spine, for instance — that do not manifest in physical symptoms right away. Ignoring a head injury, even for a day or two, can have lifelong consequences. Ruling out potentially life-threatening conditions is worth the hour or two hours it takes to visit your doctor or an urgent care center.
If it turns out that you have an injury, whether minor or severe, it is better for your doctor to diagnose it immediately after the crash rather than days or weeks later. First and most importantly, you can receive treatment right away, which, in the case of a serious injury, could prevent major health issues down the road. Second, you make it much easier for your car accident attorney to link your injury to the crash, which helps establish your claim against the at-fault driver and their insurer.
Let us say that another driver rear-ended your car. You feel fine afterward, so after the police take their report, you head home to rest, forgoing a visit to the doctor. A few days later you feel a gradually worsening soreness in your cervical spine. A medical exam confirms it is whiplash. But since you waited several days to see your doctor, the other driver and their insurer might call into question whether the accident caused your neck injury. Had you gone to the doctor right after the crash, there would be much less room for doubt.
What Else Should I Do After a Car Accident?
No matter the circumstances of the crash, how injured you are, or what kind of property damage occurred, you should always call an attorney to represent you.
A car accident lawyer can protect your rights, reduce your liability, and help you get a fair settlement from the other driver and their insurance company.
Our initial consultations and claim reviews are always free. Call 631-600-0000 to set up an appointment.
What Are Bellwether Trials?
Bellwether trials are a routine part of mass torts, primarily multidistrict litigation. These trials allow both the plaintiffs and the defendants to test how their cases hold up in court. They also offer an idea about how similar cases might go, allowing the parties to reconsider a settlement in pending cases.
The court, in conjunction with the litigants, chooses the cases heard in the bellwether trials from the larger group of cases. These cases proceed to court in the same jurisdiction as the multidistrict litigation, and the judge hears them before any others. This allows them to serve as an example of the possible outcome of the remaining suits when those cases go before the judge in their original jurisdictions.
When Do Courts Use Bellwether Trials?
When many (i.e., dozens, hundreds, or thousands) people suffer injuries in the same way, courts can consolidate them into multidistrict litigation (MDL). This allows them to continue through the discovery process and pretrial proceedings as a single case, saving time and money for everyone involved. Not all cases qualify as MDLs, but courts often use them in defective product and dangerous drug cases. Courts consolidate many claims against medical device and prescription medication manufacturers, in particular.
For example, imagine you suffered complications from a new blood pressure drug. The drug manufacturer discovered the possibility in a study, but failed to admit the risk of this side effect. You did not receive any warning about the risk. Hundreds of others experienced the same issue because of the medication, and you have all filed suit against the pharmaceutical company. The courts are likely to consolidate your cases into an MDL, and select a handful of the cases for the bellwether trials.
What Is the Purpose of Bellwether Trials?
Because of the sheer number of separate lawsuits involved, handling each case individually instead of as a mass tort would be almost impossible. Before MDLs, this type of case could tie up courts for years. Multidistrict litigation speeds the process, allowing all parties involved to work more efficiently.
Courts choose bellwether cases based on the facts of the case, which must be similar to a group of other cases. For example, if side effects from the drug caused some of those affected to die, one of the bellwether cases would likely include a victim who passed away because of the complications alleged.
While the outcome of bellwether trials does not directly affect the outcome of the other cases, they do offer everyone involved a good idea of how these cases might go in court.
If the judge in a bellwether case awards a large payout for the plaintiff, the defendant will be more likely to settle with other plaintiffs than face thousands of verdicts against it. If the judge in a bellwether case sides with the defense, many plaintiffs may drop their case instead of continuing with their own trials in their local jurisdiction.
How Do Courts Select Bellwether Cases?
Bellwether cases need to fit certain qualifications to accurately represent the other cases in the MDL. They need to be very similar to the other cases, and have the same general facts. If they are too different from the other cases in the MDL, they will not serve as an accurate representation of the rest of the group.
Imagine your case includes an unusual complication that caused you to spend additional time in the hospital and require ongoing medical care once you returned home. Because most people who filed a lawsuit against the drug company did not suffer this complication, you are unlikely to serve as a bellwether case.
The process of selecting bellwether cases is a collaborative effort between the plaintiffs, defense, and the courts, with the judge overseeing the case having the ultimate choice which cases she will hear. Usually, the legal team representing the plaintiffs creates a list of cases it believes fits the bill. The defendant’s legal team does the same. Then, the judge looks at this list and selects two to four cases to serve as bellwethers.
Talk to an Attorney About Your Case Today
If you believe you have a case based on ongoing multidistrict litigation, or if you suffered injuries similar to many others, the legal team from Gacovino, Lake & Associates, P.C. can help.
Call our office today at 631-600-0000 to schedule a complimentary consultation with one of our knowledgeable lawyers. We can help you file your case, or explain how the outcome of a specific bellwether trial might affect your claim.
What Are Compensatory Damages?
Compensatory damages are funds awarded to a plaintiff in a civil case—such as a personal injury lawsuit—to compensate them for their injuries and damages. In many cases, attorneys and other members of the legal community simply refer to this compensation as “damages.”
The purpose of compensatory damages is not only to provide the plaintiff with fair financial compensation for their losses, but to make the plaintiff “whole” again by replacing or restoring what they lost.
For help getting the compensation you deserve after an accident in New York, contact Gacovino, Lake & Associates, P.C., today at 631-600-0000.
What Items Do Compensatory Damages Cover?
In a personal injury case, compensatory damages cover costs that the injured plaintiff may have incurred in treating their injury—such as emergency room or hospital bills, costs for doctor visits, medical testing, medications, and physical therapy.
If the plaintiff sustained long-term injuries or permanent impairment, the at-fault party must also pay for future medical care costs. They may also have to pay for orthopedic devices—like crutches or wheelchairs—and the cost of personal care if the plaintiff cannot care for themselves.
If the plaintiff lost a digit or limb or became paralyzed due to the defendant’s actions, compensatory damages may include the legal value of the lost body part or functionality.
If the injured person missed work because of their injuries, the defendant may have to compensate them for their lost wages. If they cannot return to work, these damages may also include the estimated value of future lost wages as well as the loss of earning potential.
The at-fault party may have to pay damages to the plaintiff for their pain and suffering, emotional distress, or loss of life enjoyment.
Finally, compensatory damages also cover the plaintiff’s property damages, which may include sums to repair or replace their car or any other personal property damaged or destroyed during the accident.
Who Pays the Compensatory Damages in a Personal Injury Case?
In a civil lawsuit, the defendant bears the responsibility for paying compensatory damages. If the defendant has insurance coverage, the insurer typically pays the damages directly to the plaintiff. This may also occur through an out-of-court settlement.
Depending on the type of personal injury accident, different parties are responsible for paying compensatory damages:
- In a car accident settlement, the driver or drivers whose negligence caused the crash must pay these damages;
- In a medical malpractice case, the negligent doctor must pay damages;
- For a dangerous drug or faulty medical device case, the manufacturer typically bears that responsibility;
- In a product defect case, compensatory damages may fall to the product’s designer, manufacturer, distributor, or retailer; and
- In a slip and fall case, the property owner or manager must compensate the injured party for their losses.
In each of these examples, the person or entity responsible for paying damages has one thing in common: Their negligence resulted in the plaintiff’s damages.
How Does Negligence Apply to a Personal Injury Case?
To get compensatory damages in a personal injury case, we must demonstrate the four legal elements of negligence as they relate to the defendant.
Duty of Care
The defendant had a duty of care to the plaintiff. For example, in a car accident case, the at-fault driver had a duty of care to other motorists on the road as well as to pedestrians, bicyclists, and the general public. In a dangerous drug case, a drug’s manufacturer owes a duty of care to patients to conduct tests to ensure that the medication is safe for use.
Breach of Duty
The defendant breached their duty of care to the plaintiff. For example, if a driver got behind the wheel after having a few drinks or looked away from the road to check a text message, they breached their duty of care. If a drug manufacturer failed to conduct adequate tests to verify a medication’s safety, they violated their duty of care when they made the drug available to the public.
Causation
The defendant’s breach of duty caused the plaintiff’s injuries. For example, a driver sending a text instead of watching the road may rear-end another driver or collide with a bicyclist. A drug manufacturer who failed to conduct adequate clinical testing may not understand the medication’s danger until patients start to report serious side effects.
Actual Damages
To prove actual damages, we will provide copies of doctor and medical bills, wage statements, car repair bills, and other receipts showing your costs. To document future costs, we will use testimony from medical professionals, earnings data, and other documentation as appropriate.
Are There Other Kinds of Damages?
In addition to compensatory damages, the courts sometimes award punitive damages. The court awards punitive damages specifically to punish the at-fault party for intentionally reckless or dangerous behavior. Punitive damage awards also serve to warn others who may commit the same type of transgression.
The Attorneys at Gacovino, Lake & Associates, P.C., Can Help You Get Compensation.
If you suffered serious injures due to someone’s negligence, let the personal injury lawyers at Gacovino, Lake & Associates, P.C., help you obtain compensatory damages. Contact us today at 631-600-0000 to learn more.
