This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
Pain and suffering can be part of a lawsuit in California for most personal injuries, including: Car accidents. Intentional torts. Medical malpractice.
If you cause a car accident and you were driving around without any car insurance coverage (likely in violation of your state's laws), you're most likely going to be personally liable for any resulting injuries to other drivers and passengers, as well as any vehicle damage.
Following a Car Accident, you can sue the responsible party for all damages as result of the accident. To pursue a personal injury claim for damages that you incurred, you must file your suit against the responsible party within 2 years from the date of the accident.
If someone hits you from behind, it is virtually never your fault, regardless of why you stopped. A basic rule of the road requires a driver to be able to stop his or her vehicle safely if traffic is stopped ahead. A driver who cannot stop safely is not driving as safely as the person in front.
Typically, in the case of a car accident, a personal lawsuit directly against the other driver is not necessary because in most cases there are insurance companies involved. In other words, suing an individual directly after an accident is typically a last resort to acquiring compensation from an at-fault driver.
Your average car accident settlement might be approximately $21,000. It is likely to fall somewhere between $14,000 and $28,000. The settlement is generally higher for more severe or permanent injuries. You'll also get paid more if the other driver was found to be driving under the influence.
Yes, you can file a lawsuit after you've agreed to a settlement with the insurance company. However, it's very possible that the judge will throw your lawsuit out of the court. After hearing your lawsuit, the defendant will inform the judge of the settlement agreement.
If a person is at fault in an accident while they are driving a car they don't own, the owner and driver might both be responsible for the accident. An owner can be liable if the driver was an 'agent' of the owner.