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Auto Accident Lawsuits If you have been involved in an auto accident and you have the ability to gather sufficient evidence, you could be eligible to bring a lawsuit. A lawsuit involves many stages. It involves the filing of a lawsuit and the discovery process which involves sharing evidence. This could involve deposition of witnesses or passengers, and the call of experts to testify and depositions. Economic damages Non-economic damages are those damages that are not quantified by the court, but are determined by a jury based on the severity of the injuries and the impact they have on the life of the victim. They are calculated by multiplying the daily suffering and pain by the number of days that the injury continues. For instance the case of a person who has been suffering from a broken hip for 100 days their non-economic losses would be $15,000. To calculate this figure you must gather your medical records, including pain medication and other medical documents. Non-economic damages include pain and suffering as well as loss in enjoyment of life and activities. Certain non-economic losses include mental and emotional anguish humiliation, as well as reputational damage. In addition, they can be able to cover physical limitations, like the inability to play sports or sit through an entire film. Loss of consortium can be recovered in some states. Non-economic damages can be highly speculation. However, plaintiffs may be able recover large amounts in the event that they have solid evidence to back their claim. This can be done in court and during deposition. Plaintiffs should use this opportunity to share their story, and provide concrete examples of the impact of the accident on their lives. The medical bills are the most severe economic loss that a plaintiff could be liable for in an auto collision lawsuit. These include the hospital stay that was the first as well as any subsequent medical treatment for any injuries. Another major economic loss is the loss of wages. While some victims might only be able to work for a few days or weeks while others might be unable or unwilling to return for a period of months or even years. Other economic damages may include property damage. Many accidents cause major car or truck damage. The severity of the injuries will determine the amount of non-economic damages that are granted in auto accident lawsuits. A large amount of noneconomic damages can be awarded when the injuries are severe. The BIL insurer will also look at the degree of blame involved in the incident. The insurer isn't happy losing lawsuits, so if the plaintiff's claim is based on fault, the insurer will be more inclined to negotiate a lower amount. The non-economic damage is much more difficult to quantify in the court system than economic damages. The financial losses can be quantified , but the mental and emotional stress they cause is not. Non-economic damages are a way to compensate for these intangible losses. They can be a result of physical discomfort and suffering, loss of consortium, and loss of life style. The method by which these damages are calculated is the biggest distinction between economic damages and non-economic ones. For instance, damages that are considered economic include out-of pocket expenses for medical bills, lost wages, and car repairs. If you're unable work for a specific amount of time due to your injuries, you may have to find a new job. In addition to medical bills, economic damages include the cost of repairs and replacement of your vehicle. Trials The jury's role in lawsuits involving auto accidents is crucial to the outcome of the case. In contrast to a judge, the jury must be able to decide on the extent to which party was at fault for the incident. During the process of voir dire, lawyers as well as judges learn about jurors' biases, and are able to select them. While auto accident lawsuits can be very litigious, having a legal team by your side can increase your chances of success. While trials are often time-consuming but they can be avoided with the right information and preparation. In most states trials are decided by juries. The jury is drawn by lot and each jury member is asked specific questions to determine if they have the right qualifications to decide the case. The defense will present its case following the plaintiff has presented evidence. The defense may call witnesses to testify about specific events that occurred during the auto accident. They typically testify in favor of the side who called witnesses. This way, the defense may attempt to disprove the story of the plaintiff. If the plaintiff fails to show enough evidence to back their argument, the defense can cross-examine witnesses to prove their own arguments. www.accidentinjurylawyers.claims are very rare, but a lawsuit can be filed in the event that the parties are not able to reach a settlement. A trial can be expensive and time-consuming for all parties. In some instances, settlements are reached out of court, but it's still preferable to settle prior to going to trial. To determine whether a settlement is the best option for you, it's recommended to consult an attorney. After the defense has made their case, they will be able to present a closing argument that will draw attention to evidence that doesn't support plaintiff's claims. In some instances they may present evidence that the accident was not as the plaintiff claims or that the other party is partially responsible. The defense lawyer can accept responsibility if there is sufficient evidence. Trials in auto-related lawsuits can last for a long time after the filing of the lawsuit. Although judges have a lot more flexibility when scheduling their trials busy courts, they may not allow for a trial until several months have passed since the accident. The injured party must present the evidence of medical bills, loss of wages, diminished earning potential, pain and suffering during the trial. Car accident lawsuits end up in court when the parties are unable agree on fault or compensation. If multiple defendants are involved, trials could be required. However, settling the case through negotiation will save both parties and their time in the long-term. Costs The typical auto accident settlement amount is approximately $21,000, but the actual cost can be significantly more. The amount of compensation you receive will depend on the severity of your injuries as well as whether you need ongoing medical treatment. The more severe your injuries are, the more money you could be entitled to. You'll need to pay for medical bills and lost wages in addition to the immediate expenses. It might be difficult to return to work after the medical bill is paid. In addition, to the legal costs and legal fees, the cost of a car accident lawsuit can quickly mount up. Martindale-Nolo's research found that 74% of car crash victims with attorneys received damages. This is in contrast to 54% of people who did not have an attorney. The victims with attorneys received an average of $44,600 compensation for their injuries compared to just $13,900 if they did not have a lawyer. It is important to realize that auto insurance companies have legal representatives whose job it is to pay as little as is possible even if you do not have an attorney, you could have trouble recovering compensation. Injuries from a car accident can be severe. A settlement can pay for medical costs, property damage, as well as attorney's fees. Certain claims might not include all expenses. In certain cases the car accident victim may also be able to seek economic damages. These are damages that are contingent on the value of the money. These damages could include the cost of auto repair or bodily injury and may also include the encumbrances on property. If you decide to engage a lawyer to take care of your case, you have the option of a contingency fee or an hourly rate. If your case is successful, the lawyer will be compensated a contingency fee. However they aren't inexpensive. So, make sure to review the contract carefully. Attorneys and clients frequently have problems with attorney fees. It is crucial to remember that expert witnesses and court filing fees are not part of your control. Before you hire an attorney, it's crucial to agree on a fixed sum. Also, you should sign an agreement written down that has a dollar limit for costs. This will ensure that you aren't surprised at the conclusion of the case. The typical attorney fees range from 33 percent to 40 percent of the settlement amount. However, the percentage can differ from state to state, and ethics rules for attorneys may be a factor. The outcome of an auto accident case is usually going to determine the fees of the lawyer. However an experienced lawyer will have an agreement in writing that details the fees they charge.