Even if you are not a NASCAR fan, and even if you missed last weekend’s major race and the hype surrounding it, you couldn’t possibly have missed the news coverage of the Daytona 500 this year. Just in case you did: a crash occurred at the Daytona International Speedway during the 2013 Daytona 500. A race car hit the safety fence, propelling debris that included a tire into the stands.
According to news sources, some 30 people were injured. Rumor has it that at least three of those injured at the race plan to file lawsuits for injuries ranging from “a fractured fibula to abdominal swelling,” according to one Orlando-based accident law firm, who stated that it hopes to reach a settlement with NASCAR concerning the incident. Fortunately, none of the fans suffered from life-threatening injuries and all who sought medical treatment have been released from the hospital.
Tickets Have a Waiver – What Does That Mean for Lawsuits?
Debate abounds among accident law firms and legal representatives for NASCAR as to whether or not grounds exist for a lawsuit. On the one hand, courts have at times disregarded the liability waivers outlined on the backs of tickets for sporting events; however, on the other hand, an argument does exist that the writing on the back of a sporting event ticket is a legally binding contract. If personal injury lawsuits are filed, it will be interesting to see what the final verdict will be. Most of the accident law firms quoted in various news stories about the crash agree that litigation would be bad for NASCAR public relations and that a settlement would probably be the outcome of any legal action taken by the injured fans.
Pursuit of a personal injury claim that involves a number of defendants can become complex quickly. In the case of the potential lawsuits that could result from Saturday’s crash, defendants could include NASCAR, Daytona National Speedway, and the safety fence manufacture—definitely a complicated case for any claimant or accident law firm. Consequently, to avoid the expense of having to defend such an involved lawsuit, commentators speculate that if legal action is pursued, settlements will be offered.
Negotiating A Settlement Against Large Companies (like NASCAR) Requires Experience
Negotiation of a personal injury settlement in any legal matter takes a certain amount of finesse by an experienced accident law firm. Determining what an appropriate settlement is and what an accident victim is entitled to is pretty straight forward—getting an insurance company to agree is not so straightforward. Basically, when you have been injured due to the negligence of another, you should receive compensation for your medical expenses, lost wages, pain and suffering and future expenses as that are directly related to the accident.
Insurance adjustors are notorious for trying to negotiate the lowest settlement possible, especially if a personal injury victim is not represented by an accident law firm. Shulman DuBois LLC is an Oregon accident law firm that specializes in the negotiation, litigation, and legal representation of accident clients. If you or a loved one has been injured due to the carelessness of another and believe that you have a personal injury case, we invite you to contact us for a free consultation of your claim.