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Auto Accident Lawsuits If you have been in an auto crash, and you have sufficient evidence to support your claim, you could be eligible for a lawsuit. A lawsuit can be a lengthy process that include the filing of an official complaint and the discovery process, which involves sharing evidence. This could include the deposition of passengers or witnesses and the summons of experts for testimony and depositions. Non-economic damages Non-economic damages refer to damages which are not quantifiable by the court. They are determined by a jury based on the extent of the severity of the injuries, and the impact they have on the victim's life. These damages are determined by multiplying the amount of pain and suffering a person experiences every day by the number of days the injury persists. For instance that a person has been suffering from a broken hip for 100 days the non-economic damages would be $15,000. To calculate this figure one must collect their medical records, which include pain medication prescribed and any other treatment records. Non-economic damage can include suffering and pain and also loss of enjoyment in life and activities. Other non-economic damages include emotional and mental trauma humiliation, as well as reputational damage. They may also cover physical limitations such as inability to watch a film or play sports. Loss of consortium may also be recovered in some states. Although non-economic damages are uncertain, a plaintiff could be able to collect an enormous amount if they are able to demonstrate their case using solid evidence. This can be done in the deposition process as well as in court. Plaintiffs should take advantage of this opportunity to share their story, and give specific examples of the impact of the accident on their lives. The most significant financial loss given to a plaintiff in an auto accident lawsuit is medical bills. These include the hospitalization at the beginning and any subsequent medical treatment needed for any injuries. Another typical economic loss is the loss of wages. While some of the victims may be able to work for a couple of weeks or days but others may be unable and unwilling to return for a period of months or even years. Other economic losses include property damage. Many accidents result in substantial car or truck damage. The severity of the injuries will determine the amount of non-economic damages that are awarded in auto accident lawsuits. If the injuries are severe they will usually justify a substantial amount of non-economic damages. The BIL insurer will also look into whether there was any fault in the accident. Insurers do not like losing lawsuits, so when a plaintiff's lawsuit is focused on fault, they'll be more inclined to offer a lower amount. Non-economic damages are more difficult to quantify in court than economic damages. The financial losses can be quantified but the mental and emotional stress they cause is not. These intangible losses are called non-economic damages. These expenses can include physical pain and suffering, loss of consortium and loss of life style. The method by which these damages are calculated is the main distinction between economic damages and non-economic ones. Examples of economic damages include out-of-pocket expenses like medical bills, lost wages and car repairs. You might need to find a new job if you're unable to work for a specific amount of time due to your injuries. You could also be accountable for the costs of repairs and replacements for your vehicle. Trials The jury's role in auto accident lawsuits is crucial to the outcome of the case. In contrast to the judge, the jury must be able to decide on the amount the other party is accountable for the incident. During the voir dire process, lawyers and judges are aware of jurors' biases and can choose them. While auto accident injury attorneys can be very disputable, having a legal team by your side can increase the chances of success. Trials can be very time-consuming, but they can be avoided by the proper preparation. In the majority of states trials, the decision is made by juries. The jury is selected by drawing a lot, and each member is asked specific questions to determine whether they are qualified to decide the case. After the plaintiff presents evidence, the defense presents its argument. The defense may summon witnesses to testify about certain incidents that occurred in an auto accident. They typically testify in favor of the side who called them. This way, the defense can try to disprove the story of the plaintiff. If the plaintiff is unable to present enough evidence to support their case, the defense can cross-examine witnesses to prove their argument. Car accident trials are extremely rare, but a lawsuit can be filed when the parties are unable to agree on a settlement. Trials can be costly and time-consuming for everyone involved. In certain cases the settlements are made outside of court, but it's still preferable to settle before going to trial. To determine whether a settlement is appropriate for you, it is best to speak with an attorney. After the defense team has presented their argument, they may make a closing argument that will present evidence that does not support the claims of the plaintiff. In certain cases the defense could present evidence that the accident took place differently than the plaintiff claimed or that the victim was partially responsible. The defense lawyer may accept liability if they have sufficient evidence. Trials in auto accident lawsuits can take a long time following the date of filing the lawsuit. Judges generally have plenty of flexibility in scheduling however, courts that are busy might not be able schedule a trial until few months have passed after the date of the accident. The person who has been injured must submit proof of medical expenses or loss of wages diminished earning potential, and pain and suffering during the trial. Car accident lawsuits end up in court when the parties cannot agree on the fault or compensation. In cases where multiple defendants are involved, trials could be required. However, settling the matter by negotiation can save both parties and their time in the long-term. Costs The average settlement for a car accident lawsuit is about $21,000. However, costs can be much more. The amount you are awarded will differ based on the severity of your injuries as well as whether you require ongoing medical treatment. The more severe your injuries, the more money you may be entitled to. You'll have to pay for medical expenses and lost wages, in addition to any immediate expenses. Medical expenses can be costly, and you may have difficulty returning to work for a short time. In addition to legal fees, the costs of the lawsuit for a car crash can quickly mount up. A Martindale Nolo survey revealed that 74% of car accident victims with attorneys were awarded damages, as opposed to 54 percent of those who didn't have lawyers. The victims with attorneys received an average of $44,600 in compensation for their injuries, as opposed to just $13,900 if they did not have a lawyer. It is important to keep in mind that auto insurance companies have legal representatives, who's job is to pay the least amount of money possible. If you don't have an attorney, you might not be able to collect the compensation you deserve. The injuries from car accidents can be very serious. A settlement can pay for medical costs, property damage, as well as attorney's charges. Certain claims might not cover all expenses. In certain situations, a car accident victim can also seek economic damages. These are damages that are based upon monetary value. These damages may include the cost of repairs to vehicles or bodily injury . They may also include the possibility of liens on property. When you engage a lawyer to take care of your case, you have the choice of a contingency fee or an hourly fee. A contingency fee signifies that your lawyer will get some of the settlement when your case is a success. These fees aren't affordable. So, make sure you go through the contract thoroughly. Attorney fees are often a cause of friction between clients and attorneys. It is important to keep in mind that expert witnesses and court filing fees are out of your control. Before you hire an attorney, it's important to decide on a fixed amount. Also, you should ensure that you have a written contract that you have in place. It should contain a certain amount for costs. This means you won't be surprised at the end of the case. Typically, attorney fees amount to 33%-40% of settlement amounts. The percentage could differ from one state to the next and there could be other factors like attorney ethics regulations. The outcome of an auto accident case will usually determine the attorney's fees. However an experienced lawyer will offer an unwritten contract that outlines their fees.