The Supreme Court of Alaska recently decided to uphold a jury’s verdict in favor of the defendant in a personal injury claim. The plaintiff had sought damages from the defendant as compensation for injuries that she allegedly suffered in an auto accident caused by the defendant’s failure to stop on an icy road. As a result of the court’s ruling, the plaintiff is unlikely to receive compensation for her personal injury claim.
The Plaintiff’s Vehicle Was Struck From Behind by the Defendant
The plaintiff in the case of Marshall v. Peter is a woman who was allegedly injured when her vehicle was hit by the defendant’s while she waited to perform a left turn. The defendant responded to the complaint and denied that he acted negligently, testifying that he had left adequate space between his vehicle and the plaintiff’s vehicle and that the accident was caused by the icy road conditions. The jury considered the plaintiff’s claims and testimony at trial and decided the defendant was not negligent or responsible for the plaintiff’s injuries.
The Plaintiff Appeals to the Alaska Supreme Court
The plaintiff appealed the trial court’s rulings to the state supreme court, arguing that the claim should not have been rejected by the jury as a matter of law. The appellate court favored the defendant’s arguments, noting that the jury reasonably could have found that the defendant was exercising due care when operating his vehicle and was not negligent in failing to prevent the accident. The Court additionally entered a judgment against the plaintiff for part of the defendant’s attorneys fees after the plaintiff failed to reasonably consider a settlement offer made by the defendant during pre-trial negotiations.
The Possibility of Large Settlements in Miami Accident Claims
Most Miami and South Florida accident claims don’t result in a full-fledged trial. Often, when the negligence of one of the parties is clear, and the injuries are relatively minor, the parties will settle a case quickly. After legal proceedings are underway, the parties are often encouraged to reach a settlement without going to trial. A skilled Miami accident attorney understands the value and importance of settlement negotiations and may be able to negotiate a full and fair settlement for your claim, without the trouble and uncertainty of a trial.
Legal Representation for South Florida Accident Victims
If you or a family member has been injured or killed in an auto accident, the Miami personal injury attorneys at Friedman, Rodman & Frank can give you the advice and counsel that you deserve. Our experienced and professional South Florida accident lawyers know how to fight insurance companies on behalf of victims. At Friedman, Rodman & Frank, we represent clients in car accident and other negligence cases throughout South Florida, including slip-and-fall claims, product liability cases, and medical malpractice actions. Contact us and schedule a free, no-obligation consultation. Call toll-free at 877-448-8585 or use our web-based form to discuss your case with an attorney today.
More Blog Posts:
Federal Court Awards Additional Damages to Plaintiff Based On Insurance Company’s Bad Faith, South Florida Personal Injury Lawyers Blog, published September 9, 2016.
Blatant Surgical Errors Remain Startlingly Common Despite Technological Advances in Medicine, South Florida Personal Injury Lawyers Blog, published August 18, 2016.