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Student Awarded $7 million in Football Brain Injury Lawsuit

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May 072018

High School Football Game

As one of the most commonly discussed topics in sports today is the well-being of athletes. The stresses on the body and mind often become second to the ‘spectacle’ and with the massive sums of money involved. However, we may be on the verge of a major breakthrough in the way that athletes are treated with regards to head and brain injuries.

This is because of a landmark case involving Grossmont Union High School. The school has agreed to pay around $7.1m to settle a case with a former student. The boy, a football player, was left with permanent brain damage due to coaching staff failing to notice a concussion post-game.

The student, Rashaun Council, a 14-year-old freshman who played for Monte Vista High School’ football team, was diagnosed with concussion following a game in October 2013. The suit alleges that there was no call for medical assistance after Rashaun showed symptoms of concussion despite training on the coaching staff to spot such issues.

Filed in July 2014 the complaint looked to show Rashaun as a bright, capable and athletic student with high potential, achieving a 3.9 GPA and a promising history as a track and field all-star.

Supported by Brian Gonzalez, the family lawyer, Rashaun is now en route to graduating at the age of 19 following a period of recovery. He’s now at Clairemont High, which has a special program for those who suffer from brain injuries.

Gonzalez said that Rashaun is “the hardest working, inspirational individual I’ve known” and added that: “To go from being in a comatose state with concern about whether he’d be able to walk or talk again to be in a position where he’ll be graduating from high school in June, it’s a miracle,”

A teammate informed his coaches that he was playing well and that he should come out. The coaches, though, “shushed him” according to a deposition which was cited from March 2017. Rashaun appeared to be sick and was vomiting after the game, and informed his coaches that he had a headache. According to court documentation, Rashaun answered a series of questions “correctly and coherently” but the judge determined that there was a question about whether or not medical aid should have been called after learning of headaches and vomiting.

Rather than call 911, the coach called Rashaun’ mother. His father, Terry, arrived to find Rashaun slumped over on the ground, covered in his own vomit. Diagnosed with a subdural hematoma and a concussion, he underwent emergency surgery to relieve brain pressure.

Gonzalez said this was the first of many surgeries for Rashaun, including being placed in a medically induced coma. Nine months after the incident, the lawsuit was filed. At the time of filing Rashaun could not walk and was only just coming off his ventilator. Still suffering from vision issues today, which could stop him from driving, the suit is a landmark case that protects players from damage.

For football players & fans, this could spell a major change in rulings for years to come.

Southwest Airlines Faces Injury Lawsuit

Negligence, Wrongful Death Comments Off

Apr 052018

Southwest Airlines Airplane

In March 2018, a lawsuit was filed against Southwest Airlines. The aviation firm has seen the wrongful death lawsuit filed against them on behalf of a Prairie Village resident who was injured on a Southwest Airlines flight. Filed on behalf of him by his family, the issue stems from how the man, who was disabled, wasn’t cared for appropriately on the flight he took.

Eugene Dreyer, 81, was the victim of serious injuries when on-board the flight. His seatbelt had become undone, and he was thrown against a cabin wall during the flight due to the seatbelt issue. His family has alleged a chart of wrongful death against Southwest Airlines, after Dreyer died months later from injuries sustained during the incident.

The claim is to point out and highlight the careless negligence of the airline and its employees during the flight. Dreyer, a financial advisor, was unable to use his legs after contracting polio. Wheelchair bound, he was on the flight with his wife and an assistant heading from Kansas City to Fort Lauderdale, FLA.

He was wheeled on their plane by Southwest Airlines staff, and was placed in the front row of the aircraft. Before the take-off took place, though, Dreyer asked for an extension to his seatbelt. He was buckled in by a member of staff who used both the seat belt and the extension. The suit states that neither Dreyer, his wife or their assistant touched the seatbelt during the flight operation.

“Loss of Cognitive functions and severe depression”

Taking place on February 21, 2017,Dreyer suffered heavily from the impact. The plane, upon landing, began the process of deceleration. At this point, it is claimed that the belt “failed to restrain him” and that he “flew forward into the bulkhead wall,” per the allegations made in the lawsuit itself. According to the suit, “Eugene Dreyer hit his head, leg, foot, shoulder and other parts of his body onto the front bulkhead wall.”

He suffered significant injuries to the head, shoulder, foot and leg – and broke his femur. “He suffered loss of cognitive functions and severe depression,” the lawsuit claims.

Eugene died on April 23, 2017, and the claim alleges that this was a direct result of the injuries that he had suffered on the plane. As his wife and two children chase the suit and seek an unspecified volume in the claim, Southwest Airlines said that they have no comment to make on the matter “ahead of the legal process.”

Lawsuit against Junior High School for Allowing Murderer and Rapist to Pick up 14-year-old Student

Negligence Comments Off

Mar 062018

A Kansas City school is facing a lawsuit on the grounds of negligence and breach of duties that led to the rape of a 14-year old student in a motel room in 2010.

The plaintiff, now 21 years old, is suing the principal Dennis Walker and a school attendance secretary Jackie Green of former Lincoln College Preparatory Academy, now Kansas City Public Schools, for failing to protect her and for ignoring safety mechanisms that schools are supposed to have.

The convicted rapist, Roy Andrews, is currently in a state prison, serving time.

The events that led to the unfortunate event

The lawsuit filed in the Jackson County Prosecutors’ office alleged that Roy Andrews went to Lincoln Prep and managed to pick up his 14-year-old victim from school.

At that time, Andrews was already a convicted felon.

Due to the negligence of school officials, however, he managed to pick the girl up by simply saying he was sent by her parents.

The school allowed the girl to leave with Andrews, clearly ignoring its own policies and safety measures.

One of the attorneys representing the victim’s family, Gerald McGonagle, calls the school’s negligence “a parent’s worst nightmare.”

“You send your kids to school, you expect your kids to be safe, and the school allows a predator to come on the premises and walk out with your kid”.

How did the school fail the student?

Prior to the 2009-10 academic year, the victim’s mother filled out a form listing the names of people authorized to pick up the girl. Based on the policy set by the Kansas City Public Schools, students should only be released to authorized individuals.

Andrews name was not on the list.

But the school still released the victim to the convicted felon.

The Kansas City Public Schools also failed to inform the mother regarding Andrews picking up the girl.

The victim’s representative Rebecca Randles told The Kansas City Star, “This is why we have those safety mechanisms in place. He went to the school and said her mom told him to come pick her up, and they let her go.”

When the victim went home, her parents noticed something wrong and took her to the hospital. The test results came back positive for venereal disease that Andrews gave the victim, according to McGonagle.

Following the police report filed by the parents, the Children’s Division of the Missouri Department of Social Services carried out an investigation that was later turned over to the prosecutor’s office.

Before the 2010 incident, Andrews plead guilty to second-degree murder in 1990 where he shot a man. A year after he was released in 2006, he plead guilty to a felony assault for a crime he committed in Kansas City. He was also convicted of possession of a controlled substance.

In 2010, a 1990 sexual assault case was linked to him, where he forcibly raped a Kansas City woman and her daughter who’s only 11 years old. Andrews is currently serving an 18-year sentence for this crime but not for the crime he committed against the victim from the Kansas City Public Schools.

The school has yet to make a comment on the litigation.

Moms Sue Pop Warner Football League Because of Kids’ CTE

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Feb 062018

Kimberly Archie of Los Angeles and Jo Cornell of San Diego both had sons with similar interests: football. Their sons shared interest in football, a sport they played when they were young at Pop Warner and later on, high school. Both their children are now gone – just in their 20s – and they share yet another thing in common: both were found to be afflicted with a degenerative brain condition, chronic traumatic encephalopathy (CTE), which is believed to be linked to repeated hits to the head. Both mothers are suing Pop Warner for neglect.

Pop Warner is a long-running organization dedicated to youth football. But it doesn’t just focus on sport; it requires participants to adhere to certain academic standards.

Those were the reasons Archie and her ex-husband signed up their son, Paul Bright Jr., for Pop Warner football. They simply wanted “well-rounded” children. That and youth football in America is considered a “rite of passage.” Bright played at Pop Warner from the age of seven until he was 14. He then went on to play a year of high school football.

In his early 20s, Archie suspected that something was wrong with her son. She noticed that he wasn’t in control of his emotions. Plus, he also displayed obsessive compulsive tendencies. At the age of 24, Bright was gone – a victim of a 2014 motorcycle crash the police said was his fault.

Archie thought it was “quasi-suicidal” and decided to have her son’s brain looked at. She suspected that her son may have CTE, a condition that can only be diagnosed after death, although progress has been made to detect this with an MRI. Her suspicions were confirmed.

Archie believes that Paul’s CTE resulted from years of playing Pop Warner football. So together with Cornell, they are suing the youth league for failing to protect their children’s brain health.

Like Bright, Ty Cornell played football from the age of eight to 17. He committed suicide in 2014. He was 24 years old.

In their suit against Pop Warner, the mothers claim that the league misled parents regarding the safety of helmets their children used and the effectiveness of the training of their coaches.

Although officials from Pop Warner have not discussed the lawsuit directly, they have spoken about how the league is keeping children safe. They have set up a medical advisory committee, done away with kickoffs for the youngest age groups, and required safety training for coaches. They have also eliminated full-speed tackling drills during practice.

Dr Julian Bailes, neurosurgeon and chairman of Pop Warner’s medical advisory committee who also served as an NFL doctor, said that “CTE has never been found in someone who just played youth football.”

It’s true that while a number of young men who died in their late teens and early 20s have been diagnosed with CTE, a lot of them played a combination of high school football and other contact sports.

Critics have said the changes the league implemented still aren’t enough. Their argument is now backed by a study from Boston University. That research provided definitive evidence that head impacts caused brain disease and CTE.

As the lawsuit against Pop Warner carries on, so does research into the link between youth sports and brain injury. Either result will have an impact on the decision of parents to allow their children to play youth sports.

Former William and Mary Professor Files Lawsuit

Labor Law Comments Off

Jan 232018

David Dessler, a former tenured government professor who taught at William & Mary, has filed a lawsuit against the college which he accuses of silencing him when he tried to speak out about mental health issues with students. The lawsuit charges that during the fall of 2015 after four students had committed suicide during the 2014-15 school year, that William & Mary prevented him from speaking on student mental health issues.

The complaint filed by Dessler alleges that the campus police department of William & Mary controlled both his communication and movement during the 2015 school year, arresting him five times during that time. Four of the arrests were for harassment, the fifth when he failed to appear between February of 2016 to January 2017. Dessler spent a total of 77 days in jail according to the complaint, but all charges save for one, harassment using a computer, have been dropped.

Dessler was on medical leave from the college at the time and was prevented from contacting the officials at William & Mary. The lawsuit includes four allegations that violated Dessler’s civil and constitutional rights.

Failed to provide “reasonable accommodation” for Dessler’s depression, a disability recognized under the Americans with Disabilities Act
Used “adverse employment actions” against Dessler that were focused on his disability
Failed to hold a due process hearing before terminating Dessler’s employment, despite it being a right of all tenured professors at William & Mary
By banning him from campus and preventing him from speaking to fellow faculty members and students, Dessler’s first amendment rights were violated

The spokesperson for the college did not directly comment on the lawsuit, but did bring up that Dessler had previously filed similar complaints to the Equal Opportunity Employment Commission that found no wrongdoing on the part of William & Mary.

Complicating the issue is that William & Mary did not fire Dessler, he remained a tenured professor during that time, although his status was listed as “inactive”. Dessler’s lawsuit claims that the inactive status was essentially being fired. This is because his pay, benefits from insurance, and email access with the college was terminated in early August 2016.

Dessler had been employed by William & Mary since 1984. In 2012, Dessler was rated by the Princeton Review and RateMyProfessors.com in the top 300 professors working in the US. It was Dessler’s diagnosis of depression which seems to have changed the course of his career. The lawsuit alleges that the plaintiff is suffering from loss of wages along with mental and psychological harm due to the extreme worry, pain, humiliation, embarrassment, and emotional distress that stems from the actions William & Mary took against him.

Three of Dessler’s former colleagues who are emeritus faculty members did send a letter to the Faculty Assembly and provost on September 9^th, 2016 that Dessler was wrongfully terminated because he did not undergo due process as required under the law for tenured professors. However, the college reiterated that Dessler was never fired, but his status was changed to inactive. Dessler resigned from William & Mary the following June.

Purdue Pharma is Sued by State of Montana over OxyContin

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Dec 112017

Montana has filed a lawsuit against drug manufacturing company Purdue Pharma, Inc in the First Judicial District Court in Helena on November 30 for the use of deceptive marketing tactics to encourage doctors to prescribe OxyContin, a powerful opioid, to patients since the late 90s.

At a press conference, Attorney General Tim Fox said that pharmaceutical companies that knew their products could harm consumers but still promoted them as safe should be held accountable. According to Fox, their investigation found that Purdue was aware of the dangers of their product for years but didn’t scale back distribution or eliminate it entirely. Instead, the company increased marketing efforts to present the drug as safe to use. Fox added that Purdue’s actions led to the deaths of thousands of people across the US.

The suit, which ran to 64 pages, put forth claims that Purdue tricked doctors and patients into thinking OxyContin was safe to use as a treatment for chronic pain. Fox revealed that their investigation found that close to 90% of opioid prescription in the state of Montana are for OxyContin from Purdue.

Fox said that marketing practice of Purdue was designed to make sure that doctors prescribe OxyContin to their patients without both of them knowing about the dangers of getting addicted to the drug.

The 64-page suit claims that representatives from Purdue paid visits to doctors in Montana, with the nature of those visits to promote OxyContin. A physician in billings was the most visited doctor but the actual number of visits were undisclosed.

The suit also claims that payments were made or items were given worth over $16,500 to another doctor in Billings by a sales representative of Purdue for a period of nearly three years.

The complaint also outlined the use of medical experts by Purdue to provide lectures on how OxyContin can be used to treat pain as well as its risks. The suit alleged that said experts in the medical field were paid by the company. One expert, Dr Russell Portenoy, admitted giving lectures that were not based on facts and acknowledged that it was not the right thing to do.

In the suit, the state of Montana claims that Purdue informed OxyContin prescribers that the drug worked for 12 hours. This, despite the fact the company knew it didn’t work for everyone thus resulting in others needing their dosage to be upped which increased the chances of addiction.

Between 2000 and 2015, 693 deaths were the result of an overdose of prescription opioids, according to data from the Montana Department of Public Health and Human Services (DPHHS). The DPHHS also adds that there are 83 painkiller prescriptions written each year for every 100 citizens of Montana.

The opioid epidemic isn’t just a problem in Montana alone. According to the Centers of Disease Control and Prevention, of the 52,404 drug overdose deaths in 2015, 33,091 or 63.1% were attributed to opioids.

Although the lawsuit filed by Montana against Purdue Pharma doesn’t have an attached monetary value, any value that will be won could be used for anything from law enforcement to treatment to drug courts.

University of Louisiana Hazing Death Leads to Lawsuit

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Nov 242017

University of Louisiana Lafayette

On November 6^th, 2016, Michael Gallagher, a student at the University of Louisiana at Lafayette died when he fell asleep behind the wheel of his vehicle and killed another student, Rustam Nizamutdinova, who was walking along the street at the time. The events occurred during the 2016 Homecoming Weekend and after the student had been hazed by a fraternity, which included sleep-deprivation.

A lawsuit was launched against the Kappa Sigma fraternity, individuals who were directly involved with the hazing, and Board of Supervisors at the University of Louisiana who oversee the activities. Filed by the Rustam Nizamutdinova’s mother, Farida, the suit alleges that the 72 hours of sleep deprivation that immediately preceded Gallagher driving to his home that morning caused him to fall asleep behind the wheel as he was driving along the street that Nizamutdinova was walking.

Another lawsuit was filed by Michael and Amy Gallagher, the parents of the student who fell asleep, against Kappa Sigma, the UL chapter, and the Board of Supervisors along with ten members of the fraternity who have not been named. Their lawsuit contends that their son suffered mental anguish and emotional distress after the accident occurred. It states that Gallagher was in shock in the aftermath of the wreck and didn’t know he had struck Nizamutdinova along with being unable to remember what had occurred.

This is not the first incident involving Kappa Sigma concerning hazing incidents which have resulted in the fraternity being banned, removed, or suspended from other major universities over the past 17 years. Hazing allegations that involved the death of students at the University of Miami, University of West Virginia, and the University of Connecticut along with other incidents involving Northwestern State and Wake Forest have garnered national headlines questioning the severity of the hazing and inability to oversee the events so that the deaths might be prevented.

It is true that the University of Louisiana did not changed its policy towards Kappa Sigma for several months. They still promoted the fraternity despite the ongoing lawsuits. Plus, the self-governing policy of the University has come under criticism as well with claims that it has allowed such hazing policies to continue. It was only several months later did UL revoke the charter of Kappa Sigma, although the reasons why have yet to be revealed.

Public records released since the lawsuits were filed revealed that the fraternity showed that the investigation demonstrated that incidents such as allowing underage pledges to consume alcohol, get burned with cigarettes, being paddled with a wooden paddle, and sleep deprivation. This included pledges who were deprived of sleep being used as designated drivers for fraternity members.

In addition to Kappa Sigma, other fraternities on the UL campus, including Kappa Alpha Order, Sigma Alpha Epsilon, Sigma Nu, and Theta Xi were also placed on interim suspension for conduct that violated the policies of the university. It does seem that the death of Rustam Nizamutdinova and the subsequent lawsuits have had a profound effect on how fraternities at the University of Louisiana conduct pledge initiations.

Reference

http://www.wwltv.com/news/lawsuits-hazing-led-to-tragic-death-of-ul-student/491114897

Texas County Files Opioid Lawsuit

Fraud, Medical Malpractice, Negligence, Products Liability Comments Off

Oct 162017

America has an opioid problem. The epidemic has resulted in addictions, deaths caused by drug overdose, and economic burden that totals $78.5 billion. Although drug makers have been sued by cities, states, and other agencies, the lawsuit filed by Dallas-based litigation firm Simon Greenstone Panetier & Bartlett in behalf of Upshur County is the first in Texas to hold drug makers responsible for the epidemic.

The lawsuit claims that deceptive practices by drug makers have created a marketplace that is both lucrative and illicit where pharmacy record falsification, prescription forging, and doctor shopping is a common occurrence. It also claims that an increase in heroin use is linked to the widespread use of opioids as addicted users turn to the other due to the unavailability of prescription drugs. The epidemic has also driven resident’s healthcare costs up.

Many residents of Upshur County have also cited opioid addiction as one of the reasons they sought treatment for substance abuse.

Opioid use doesn’t just affect the lives of those who use it, but their family as well. In Upshur County, parental drug addiction has caused a rise in children being placed in child protection agencies.

Dean Fowler, an Upshur County judge, said that the lawsuit’s goal was “to recoup the cost of the opioid epidemic.” The money used to treat opioid addicts come out of taxpayers’ pockets, and that the “cost to the public is very high.”

Jeffrey B. Simon, a Dallas attorney, says in the lawsuit that the epidemic “did not occur by chance.”

The lawsuit names more than 20 defendants, including Abbot Laboratories, Johnson & Johnson, Pfizer, Inc., and Purdue Pharma Inc. These companies manufacture brand-name drugs, such as Avinza (no longer sold in the market), Opana, OxyContin, Percocet, Percodan, Roxicodone, and Vicodin. Generic varieties such as hydrocodone and oxymorphone are being made as well. Some of these defendants also manufacture, market, distribute, and sell prescription opioids, such as fentanyl, Duragesic, Fentora, Ultracet, and Ultram.

The more than 20 defendants named in the lawsuit are all accused of using altering the view of doctors on opioids in the late 1990s and early 2000s through a “well-funded deceptive marketing scheme.” Drug makers use sales representatives and physicians – their “key opinion leaders”– to promote highly addictive opioids through souvenirs and toys that include, among others, bags, coffee cups, notepads, pens, and stuffed plush toys – all these bearing the name of the opioid brand.

The lawsuit also states that drug makers utilized “front groups” to help key opinion leaders negatively tinge continuing medical education programs, medical conferences and seminars, scientific articles, and treatment guidelines – sources that doctors and patients turn to for guidance.

After individual and coordinated efforts, the defendants also convinced doctors that opioids were “required in the compassionate treatment of chronic pain” rather than inform them of it being addictive and unsafe for long-term use.

The lawsuit claims that drug makers even upped their advertising costs compared to the previous decade. One advertisement showed how a writer used opioids to cure osteoarthritis but neglected to mention its risks.

A co-counsel of Simon, Jack Walker of the Martin Walker law firm, plans to file a similar lawsuit in the counties they represent.

Paralyzed Chicago Woman Receives $148 Million Settlement

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Sep 062017

On Wednesday, a Cook County jury awarded a woman $148 million, who was left paralyzed by a collapse on O’Hare International Airport bus shelter. The incident took place two years ago, when the woman was standing under the bus shelter during a storm in August, and the shelter collapsed.

The 26-year-old, Tierney Darden, from Vernon Hills, was greatly injured by the shelter collapse cried when Judge Clare McWilliams announced the jury’s final verdict. The trial took place at the Chicago Daley Center courtroom and took 7 days, and four hours of deliberation.

Her attorney Patrick Salvi during an interview outside the courtroom said: “Tierney was a victim of the wrongful conduct presented by the City at O’Hare, which caused her such a devastating injury.” He added, “We are grateful for the jury, who recognized the severity of Tierney’s injury, and the issues she will have to face in life”.

According to a spokesperson from Tierney’s law firm. The payable amount is the largest sum the city has ever had to pay for a personal injury case.

According to Patrick Salvi. On August 2nd, 2015 Tierney was a dance student and was standing right next to her mother and sister outside the airport. The street was on a lower level and offers direct access to Terminal 2. They have just returned from Chicago to Minneapolis, where they went shopping for bridesmaid dresses for a wedding. When the storm rolled in, they decided to take shelter under the bus shelter while waiting for their ride. As the storm gained more momentum, the shelter became loose and fell right on Tierney.

The fall was at such an angle that it severed her spinal cord, and she was left paralyzed. Now, she has no movement from the waist down, according to her lawyers. Before the accident occurred Tierney lived an independent life in Chicago, where she was attending the Truman College. However, due to the accident, she had to move back with her father and lives in Vernon Hills.

The extensive research and investigation showed the bus shelter has missing bolts that lead to the accident. The investigation confirmed that the bus shelters were hardly maintained, and were in poor condition. The mission bolts were paired with the broken brackets or the corroded parts. Which lead to the horrible accident that change Tierney life.

Her lawyers added that after two years, the city of Chicago finally admitted liability, for the injuries that Tierney suffered. The trial was taken on to ensure that the city realized its fault, and they must better maintain their shelters. Which turned out to be a great settlement for Tierney that will help live her life in as much comfort as possible. The jury decided that she has a long road ahead of her, and must be compensated accordingly.

When the city was asked for comment, they did not have anything to add on the matter, and later issues a public statement.

How Much Weight Does a Police Report Carry In A Car Accident Lawsuit?

Vehicle Accidents Comments Off

Aug 212017

If you are in an automobile accident, it is generally recommended that you call law enforcement to the scene to fill out a police report. The police report is a statement prepared by the officer who arrives at the scene about the events of the accident.

What most people are surprised to find out is that police reports are typically not admissible if an automobile accident suit goes to trial. However, they are useful if you are involved in a personal injury suit. What you say to law enforcement concerning an accident can significantly affect your impending trial, if the case goes that far.

You can’t technically use a police report in a court of law to prove that someone injured you through their negligence. But a police report can help you or your Atlanta car accident attorney, to negotiate a settlement with the insurance provider and further your case to make them settle out of court. After an accident, it is always a good idea to obtain your own copy of the report by going to the police department where it is on file. The police report will often be available online as well.

How to use a police report to further your settlement negotiations

Although it’s inadmissible in court, a police report can be helpful should you have to negotiate to recover for your personal injuries in the litigation process. Before you begin your personal injury suit, you should collect all the pertinent information about your injuries including all medical records, the police report, and any other official documents about the case to use to draft a “demand letter.”

The demand letter is a written document that summarizes all the facts about the accident and injuries in full detail. It is also where the injured person demands to be compensated for their economic and non-economic damages.

The reason that the police report is important during the negotiation process is that it can provide proof that the other driver was deemed “at fault” and is therefore liable to pay for your injuries. Even though you can’t use it in court, it is an important document to use to try to settle the case before it escalates to trial, which is always a preferable method for both parties.

What can a police report do for your case?

The police report can help to strengthen your proof regarding the accident. It has all the necessary information that you will need like time, date, and any other witnesses that were available to provide an account. It will also include information about weather conditions or any other mitigating factors. The police report will also have contact information about any eyewitness accounts, so that if the case does proceed to trial, they can be called to testify about what they observed.

Why are police reports inadmissible in court?

Police reports are not admissible in court because they are considered “hearsay.” Hearsay is not admissible because it is:

Not a sworn statement
It is a statement that is made outside the confines of a courtroo
It is made by a person who doesn’t have eyewitness confirmation of the event
It is a statement made by a third party about another person’s actions or inactions

Although it’s filed by an officer of the law, a police report is considered hearsay because the officer was not there to witness the accident. They merely recorded what other people described of what they witnessed. The police officer did not have firsthand knowledge of the events, so they recorded the statements of those they questioned.

The statements that the police report holds are also not “sworn” statements. The people who were asked about the accident were not “sworn to tell the truth,” and therefore cannot be held liable if they did not.

So, although a police report might not help you during the trial phase of any personal injury suit resulting from an auto accident, it is an excellent tool for the negotiation process. Your personal injury lawyer can use the police report to establish who was at fault and to further their ability to reach a fair settlement. Never leave the scene of an accident without having a police report taken, even if it can’t be introduced at trial.

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