Dellutri Law Group - December 2017

Defining an Act of God

DEFINING AN ACT OF GOD There have been many court cases over the years that define accidents (usually auto accidents) as “acts of God.” But what does this term really mean? What is an act of God, and how can it apply to a personal injury case? Here’s a closer look. THE “ACT OF GOD” DEFENSE If you’ve ever watched a news story that involves a person driving through a restaurant window or causing a highway crash when conditions are good (no bad weather and no driver impairment), you’ve probably witnessed a situation that could be defined as an act of God. Typically, these cases involve someone — we will use automobile accidents as a reference point here — who is driving and winds up causing a major accident through no apparent fault of their own. A driver might be hit by lightning, fall asleep at the wheel, have a seizure, be struck with an unknown medical condition, or have something else happen that was completely unforeseen. These things usually can’t be predicted, which is why they are determined to be acts of God. While this claim is one that is regularly used in such cases, it may not stand in every case, and a good lawyer can uncover the truth when this term is used wrongfully. WHAT AN ACT OF GOD IS NOT The law becomes complex when it comes to defining a true act of God. It may seem like an accident caused by brake failure would qualify, but this isn’t usually the case. If an accident could have been prevented (a car’s brakes

could have been checked and maintained), it shouldn’t be considered an act of God. If you have been in an accident that was not your fault, and you believe that the accident was a true act of God, you will need a good legal team that can make this claim stick. On the flip side, if you have been in an accident that was caused by someone else, and this person is making an act of God claim, you will benefit from having a strong legal team that can prove this claim to be false. Either way, the law can be on your side when it comes to unforeseen personal injury accidents. But this is one claim that’s difficult to decipher without a thorough review of your case. Call the Dellutri Law Group today for a free case evaluation. We can help! and she does not go, and has never gone, because she can’t afford the admission tickets, gas to Tampa or Orlando, or lost wages. When it was time to submit her settlement demand, she asked if I thought she would pocket at least $1,000 so she would have first and last month’s rent to move into a nicer apartment for her son. I told her I hoped so, but I couldn’t make any promises. We were able to negotiate a settlement whereby she would pocket $10,000. When I called and told her, she cried so hard she couldn’t speak; she couldn’t even catch her breath. She kept apologizing, and saying “God bless you.” I envisioned what she might look like in that moment. That was one of the best days of my career, so I thought I would share it with everyone.

EVEN SMALL CASES CAN MAKE A BIG DIFFERENCE

When you go to most law firm websites, you will notice they only advertise their high-dollar settlements. At Dellutri Law Group, we have obtained large settlements too, but we take pride in all of our achievements. Earlier this year a young lady who had been in a car accident called our office. She had been turned down by two other law firms, as her case was not considered large enough. She works at a local coffee shop in Ft. Myers and is raising a little boy by herself. She lives paycheck to paycheck and struggles to make ends meet. She struggles so hard that her brother takes her son to amusement parks

Get a FREE case evaluation!

2 | 239-939-0900

Made with FlippingBook - Online magazine maker