There is currently a lawsuit involving a cyclist from British Columbia, Aaron Aarsved. At the time of this writing, the case has not been able to go to trial. However, it appears that Aaron Aarsved may be heading towards a very familiar spot in a court of law: a judge will make a ruling on the matter, and if the judge rules in favor of the plaintiff, then he or she will hand down a monetary award. What is at issue now, though, is whether or not Aaron Aarsved’s lawsuit can stand up to the scrutiny of a judge. There have been some concerns expressed about the suit, especially because of the personal details included in the lawsuit. Specifically, we will look at three questions that are commonly asked when filing such lawsuits.
First, is there a question of validity involved in this case? The claim that Aaron sustained a serious injury after cycling accidents is not entirely accurate, as cycling accidents are not recognized as fatal by the medical community. It should also be noted that Aaron was traveling at the time of his accident, and thus had every reason to believe he would survive the accident. Despite this, the jury decided that Aaron’s injuries were both foreseeable and unavoidable. The damages awarded are therefore not necessarily valid, despite the jury’s opinion that Aaron died as a result of the collision.
Second, is the insurance company responsible for compensating Aaron’s losses? Insurance companies have an interest in insuring that they do not have to pay out money to a client simply because they did not follow the stipulated legal procedures required for such cases. For these reasons, many insurance companies will attempt to avoid dealing with claims that involve complex legal issues. For this reason, it is not uncommon for them to deny claims outright and will often require attorneys to negotiate a settlement before approving any monies owed. Because of this, an attorney may find themselves having to go back to court multiple times to get the lawsuit resolved.
Third, did Aaron’s friends and family to raise money to support their loved one after his death? If this is not the case, then the plaintiff is going to struggle to recoup his losses. As a result, many people who lose a loved one to a car accident do not bother to contact an attorney to file a wrongful death claim, thinking that they will not receive anything. But, in all actuality, they could recover a substantial amount if they pursued a case. However, this is not always the case, as a number of negligent parties will not pursue a claim simply because their attorney cannot get them to file.
Fourth, did Aaron’s personal injury attorney act properly during the litigation process? If an attorney does not act properly during a case, it can have a large impact on the ultimate outcome of a lawsuit. One of the most common mistakes is to do nothing when a client contacts them about a claim. This is a terrible idea, as ignoring a client’s wishes is never a good idea. Additionally, attorneys must act in a timely manner in order to recover monies from a defendant.
Hopefully, aaron’s lawsuit will result in a successful claim for compensation from the responsible party or parties. A legal representative is the best person for assisting victims in recovering monies following a car accident. Although the goal may be difficult to achieve, victims should not give up in their pursuit of justice. Anything is possible. Contact a wrongful death attorney today.