Woman Sues ‘The Terminator’ for 2022 Car Crash

Former California governor Arnold Schwarzenegger has yet to respond to a civil suit which claims that he disabled a woman in a car crash.

According to court documents, because of a January 2022 crash with the 76-year old Schwarzenegger, the plaintiff is “permanently disabled” and “unable to work.” The actor hasn’t officially responded to the action, but he said earlier that he was “deeply concerned” about the woman’s welfare. Police didn’t arrest him after the crash, and there were no traces of alcohol or drugs in his system at the time.

In February 2023, Schwarzenegger allegedly caused another crash when he struck a bicycle rider who allegedly veered into his lane.

Pre-Suit Settlements

More than likely, the Los Angeles personal injury lawyer for the victim in this case and Schwarzenegger’s lawyer, or more likely his insurance company’s lawyer, began settlement negotiations before the victim filed legal paperwork. Usually, settlement negotiations in car crash cases begin once medical treatment is at least substantially complete.

This delay is especially important in catastrophic (disabling) injury cases. A doctor never comes into an examining room and says “you have a disability.” Instead, any given injury may or may not be disabling, mostly depending on the outcome of physical therapy, as well as some non-medical factors, such as the victim’s educational and vocational background.

So, if a personal injury claim settles too early, the full extent of injury, such as a partial disability, isn’t apparent. Therefore, the victim is usually financially responsible for future losses, such as medical bills and lost earnings, since the settlement doesn’t include them.

The compensation in a personal injury case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Post-Suit Settlements

Pre-suit negotiations usually result in favorable settlements if key issues in the case, such as damages and liability, are perfectly clear. Very few things are perfectly clear in this world.

We discussed some damage (compensation) issues above. Delayed medical treatment usually creates damages issues as well. In these cases, insurance company lawyers typically argue the victim exaggerated his/her injuries.

Liability is legal responsibility for injury. Legal theories, like comparative fault, often affect liability. This doctrine applies if both drivers were partially at fault, perhaps because one turned illegally and the other sped unsafely. In these cases, juries must divide fault proportionately (e.g. 50-50), and the court must reduce damages accordingly.

Because of these issues, most personal injury cases don’t settle quickly. Instead, a Los Angeles personal injury lawyer must file legal paperwork, a move that bolsters a claim for compensation. 

First, a lawsuit filing triggers the discovery process. Attorneys uncover additional evidence during discovery that strengthens their negligence cases and boosts a claim’s settlement value. 

Second, legal filings trigger mandatory mediation, at least in most courts. A third-party mediator presides over a marathon negotiation session, during which both sides have a duty to negotiate in good faith. Since both sides have a duty to compromise if necessary, mediation usually results in a settlement, even if informal negotiations have broken down altogether.Disability victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Los Angeles, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.