A holiday trip to Canada from Brooklyn ended in tragedy on the road. Five year old Susan (names have been changed to protect identity) was driving with her uncles to Canada to visit relatives. They were driving for over 12 hours when the accident occurred. Uncle Dan insisted on driving after a rest-stop. The coffee he drank didn't help. He was tired and like everyone else in the car, he fell asleep. The car drove off the road & crashed into an embankment. Everyone in the car, except for Susan, died. There were 7 people in the car (designed only to seat 5). No one was seat-belted and 2 children were sitting on laps. Susan suffered life-threatening injuries, including brain trauma and pelvic fractures. A lawsuit was started against Uncle Dan for negligence. His limited insurance ($10,000) was quickly paid. Could anything more be done to help Susan? A second lawsuit was started against Uncle Nelson for his negligence in caring for Susan by allowing her to travel in a crowded car, failing to seat belt her and allowing a sleepy driver to drive. Nelson had Homeowner's Insurance but the company hotly contested his liability. After several years of litigation, the company finally paid its entire policy to Susan. A creative legal strategy enabled Susan to be fully compensated for her serious injuries.
Personal Injury Case History-Tragedy on the Road
This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008
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