To help victims of the I-35W bridge collapse, Minnesota state legislators have decided to set up a fund that circumvents the state’s law limiting its liability to $1 million in an incident. However, the lawmakers cannot decide whether to put a cap on the amounts awarded to victims or allow a mediator to decide what constitutes a reasonable payment for victims. Lawmakers have stated their desire to put money in the hands of victims, not subsidize the insurance companies. One plan proposes that the state caps awards at $400,000, with awards for the maximum amount being paid to the survivors of the 13 people who suffered wrongful deaths in the collapse. This means that the fund would cost the state at least $5.2 million, and this is cause for concern for lawmakers, who want to balance the fund against other state priorities, including maintenance of other bridges to prevent their collapse.
For their part, victims are trying to decide whether to opt for the fund, which carries with it a renunciation of the right to sue the state, or to choose a personal injury lawyer and take their chances in court. With many victims’ medical bills for their severe injuries reaching six figures already, a cap might leave them with significant out-of-pocket expenses above and beyond the state payout. In addition, it is unclear whether attorneys will have access to records regarding the collapse or be able to independently inspect bridge parts with their own experts. Currently, a judge has banned law firms from seeing the data or parts, but that decision is being appealed.
If you or someone you love has been injured as a result of an auto accident, whether as a result of a dangerous roadway collapse or the negligence of another driver or state entity, contact the experienced Chicago auto accident attorney at the Law Offices of Barry G. Doyle, P.C. for a free consultation.
