Lawyer should avoid conflict where multiple plaintiffs in same car accident.

November 01, 2014, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Waterloo Region Record is reporting that four people had to be taken to hospital after a crash between a pickup truck and a van.  The pickup truck was travelling on Highway 7/8, in the New Hamburg area, near Nafzinger line.  The pickup truck was pulling a horse trailer.  The van was coming in the opposite direction and turned left to proceed on to Nafzinger line.  Unfortunately the van turned into the path of the oncoming pickup truck. One of the people taken to the hospital had serious but non-life threatening injuries. 

Where multiple people are injured in a car accident that is caused by another party, the injured persons will be able to consider bringing a claim for injuries suffered in the accident.  When considering legal representation, it is important to be aware that generally the same lawyer should not represent all persons that were injured in the car accident.  This could result in a conflict of interest.  There will be an insurance policy that will respond to the damages claims of the injured persons.  However, the liability coverage under the insurance policy will generally provide for $1million in coverage. For most claims this is sufficient, however, where there are multiple injured persons in a car accident, meaning multiple potential plaintiffs, then depending on the extent of the injuries, and the impact on their ability to work and future care costs, the amount of coverage provided by the at fault party will not be sufficient to cover all the claims of the plaintiffs.  In that case the damages payable to each party will have to be independently assessed and prorated against the amount of coverage available.  This leads to a subjective analysis that will require a lawyer to assist the injured client.  A lawyer cannot provide an independent assessment where they are acting for multiple plaintiffs involved in the same car accident in these circumstances. 

Posted under Car Accidents, Fractures, Pain and Suffering, Paraplegia, Personal Injury, Truck Accidents

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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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