When you have suffered losses from an accident or injury caused by another person, personal injury law can help. A successful claim usually requires compelling evidence that shows the defendant is liable.
The most critical evidence is often medical, including records of injuries and treatments. It also includes witness testimony and physical proof like police reports or damaged vehicles.
Liability
A plaintiff’s damages are generally divided into economic and non-economic categories. The former include medical bills, lost wages, expenses resulting from diminished ability to work, the cost of future treatment, and more. It can be challenging to assess appropriate compensation for non-economic losses like emotional turmoil, agony, and reduced quality of life due to their subjective character.
In a personal injury case, there must be proof of causation or proximate cause. That means the injuries must have directly resulted if the defendant’s negligence caused an accident.
In some instances, the defense may assert that the injured party voluntarily accepted the possibility of harm by participating in an activity, such as basketball or a game similar to paintball. That is known as the assumption of risk doctrine. Some states follow a comparative fault system that links damage awards to a degree of fault. A plaintiff’s compensation will be diminished by the amount of any negligence, no matter how small.
Damages
A successful personal injury claim will compensate you for your pain and losses. The court awarded damages based on the submitted proof and fell into two broad categories: compensatory and punitive.
Economic damages are accessible to quantify-amounts for medical bills, lost wages, and property loss are easily calculated. Non-economic damages, such as emotional distress, pain, and suffering, are more complex. Developing a solid attorney-client relationship is vital for calculating these damages. Your legal representative must develop an image of how the accident and your injuries have impacted your life.
There are several ways to get the funds you need, either through a settlement or by filing a lawsuit. Your lawyer at Leppler Injury Law will go over your options and assist you in determining the optimal plan of action. A settlement outside of court can be less time-consuming and costly than a trial. But if the insurance company’s offer is well below what your claim is worth, it may be necessary to file a lawsuit.
Mediation
Mediation is having both sides sit with a neutral third party to discuss their case and devise a resolution that satisfies everyone. It allows both sides to re-evaluate their positions without the risk of having them influenced by six random jurors at trial. Both the plaintiff and defense are urged to keep negotiations in mediation confidential. It means that anything said in mediation cannot be used as evidence in court.
Before the mediator starts negotiating, both parties will present their opening statements. The plaintiff’s lawyer will summarize their claim, including details about how the injury and medical treatment have affected their life. The lawyer for the defendant will also present their side and highlight any issues with the claim. They will also point out weaknesses in the plaintiff’s arguments and offer a low settlement value. The mediator may be able to push both sides in the direction of a compromise, but the agreement reached in mediation is not binding. If no agreement is reached, the case will go to trial.
Trial
It is crucial to remember that most personal injury cases are typically resolved through mediation or alternative methods rather than proceeding to trial. However, if your case does proceed to trial, the decision will be made by a panel of twelve jurors. Your lawyer will work hard to convince nine members to side with you and award the damages you must be made whole.
Depending on the circumstances, your attorney may need to call expert witnesses. These can help prove that the at-fault party failed to meet a standard of care or determine the extent of your losses. Sometimes, a defense lawyer will file a motion to exclude certain experts.
Most states have comparative negligence laws that link damage awards to the degree of fault assigned to both parties. If you are determined to have some degree of responsibility for the incident, the amount of damages awarded to you will be adjusted accordingly based on that percentage.
