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Auto Accident Lawsuits If you have been in an auto crash and youve got enough evidence to back up your claim you could be eligible for a lawsuit A lawsuit has several steps including the filing of an official complaint as well as the discovery process that involves sharing evidence This process may include the deposition of witnesses or passengers and the calling of experts to testify and depositions Noneconomic damage Noneconomic damages are the ones that are not quantified by the court but are determined by an impartial jury based on the severity of the injuries and their impact on the life of the victim The damages are determined by multiplying the amount of daily suffering and pain by the number of days the injury persists For instance someone who has had a broken hip for 100 consecutive days will suffer noneconomic damages of 15000 To calculate this the person should collect all of their medical records including prescriptions for pain medications Noneconomic damages can include suffering and pain and loss of enjoyment in life and activities Noneconomic damage can include humiliation mental and emotional anguish humiliation as well reputational damage They could also cover physical limitations like inability to watch a movie or play sports In some states it is possible to recuperate the loss of consortium Noneconomic damages are often speculated However plaintiffs may be able to recover substantial amounts in the event that they have solid evidence to back up their claim This can be done both during deposition and at trial Plaintiffs should use the opportunity to share their story and offer concrete examples of the impact of the accident on their life The most significant economic damage given to a plaintiff in a lawsuit for auto accidents is the medical bills This includes the hospital stay that was the first and any subsequent medical treatment needed for any injuries Another type of economic loss is the loss of wages Some victims might miss work just a few days while others may not be able to return for weeks or months Other economic damages may include property damage Many accidents cause massive damage to cars and trucks The severity of the injuries will determine the amount of noneconomic damages that are awarded in auto accident lawsuits A substantial amount of noneconomic damages will be awarded if the injuries are serious The BIL insurer will also take into account the degree of fault in the incident The insurer doesnt like losing lawsuits If the plaintiffs claim is based on fault the insurer will be more inclined to settle for a reduced amount The noneconomic damage is much more difficult to quantify in the court system than economic damages While the financial costs can be quantifiable but the mental and emotional stress they cause isnt Noneconomic damages are the compensation for these intangible losses They can be a result of physical suffering and suffering loss of consortium and loss of lifestyle The way these damages are calculated is the main distinction between economic damages and noneconomic ones For instance economic damages include outofpocket expenses for medical expenses lost wages and car repairs You might have to find another job if it is not possible to work for a specific amount of time because of your injuries You may also be responsible for the cost of repairs or replacements to your vehicle Trials The jurys role in lawsuits involving auto accidents is crucial to the outcome of the case Jury members is unlike a judge must be competent to make a final determination about the person who was responsible for the accident During the voir dire process lawyers and judges learn about potential jurors biases and are able to choose jurors Trials in auto accident lawsuits can be extremely contentious however the benefits of having a legal team on your side can dramatically increase your chances of success While trials are often timeconsuming however they can be avoided if youve got the proper preparation In most states trials are decided by a jury Every member of the jury is asked questions to determine if they are qualified to take on the case The defense will present its case following the plaintiff has provided evidence The defense may call witnesses to testify about specific incidents that occurred in an auto accident Accident Injury Lawyers support the side that called them This way the defense could attempt to disprove the claims of the plaintiff If the plaintiff fails to provide enough evidence to support their case the defense may crossexamine witnesses in order to make their own argument While car accident trials arent usually needed a lawsuit might be filed if the parties cannot agree to settle Trials can be costly and timeconsuming for all parties Sometimes settlements can be reached outside of court However it is recommended to settle prior to trial It is best to consult an attorney to determine if the settlement is the best option for you Once the defense has presented their case they can present a closing argument which will highlight evidence that contradicts the claims of the plaintiff In certain cases they may try to prove that the accident took place differently than the plaintiff claimed or that the other party was in part at fault If there is sufficient evidence of fault however the lawyer representing the defense could agree to admit that they are responsible in the case Trials in auto accident lawsuits could last for a long time after the time of filing the lawsuit Although judges have a lot more flexibility in their scheduling busy courts may not permit trials until a few months have passed after the accident During the trial the injured party presents evidence of medical bills loss of wages diminished earning potential and the pain and suffering Car accident lawsuits usually end with a trial if the parties are unable to reach an agreement on the cause or compensation In the event that there are multiple defendants involved trials could be necessary If the case settles through negotiation however it will save both parties money and time in the long run Costs The average autorelated settlement amount is approximately 21000 but the actual cost could be much higher The amount of compensation you receive will be contingent on the severity of your injuries as well as whether or whether you require ongoing medical treatment The more severe your injuries the more money you may be entitled to You will need to pay for medical bills and lost wages in addition to any immediate expenses You may find it difficult to return to work after the medical bill has been paid The costs of a lawsuit for a car accident can quickly increase not only in legal costs MartindaleNolo research found that 74 of car crash victims with attorneys received damages This compares to 54 who did not have an attorney On average people with attorneys received 44600 in damages for their injuries compared to 13900 for those without It is important to keep in mind that auto insurance companies have legal representatives which are charged with paying the least amount possible If you dont have an attorney you may have a difficult time obtaining the compensation you deserve The injuries resulting from a car accident are often severe Settlements can cover medical expenses property damage and attorneys fees However certain claims may not include all of these costs In certain cases victims of car accidents may also be able to seek economic damages These are damages that are dependent on the amount of money These damages can be the cost of repairs to vehicles or bodily injury and could also include the possibility of liens on property You have two options when you hire a lawyer to represent you a contingency fee or an hourly fee A contingency fee implies that the lawyer will be paid an amount of the settlement in the event that your case is successful However they arent inexpensive So make sure to study the contract carefully Lawyers and clients typically have problems with attorney fees It is important to remember that expert witnesses and court filing fees are outside of your control When you are hiring an attorney it is essential to agree on a set amount You should also make sure to have a written agreement that you have in place It should contain a specific amount for the cost This means you wont be surprised at the end of the case Attorney fees are usually around 33 percent to 40 percent of the settlement The percentage could vary from one state to another and there could be additional factors such as attorney ethics rules Lawyer fees for lawsuits involving auto accidents are usually dependent on the outcome of the case However a reputable lawyer will offer a written contract which outlines the fees they charge
