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Auto Accident Lawsuits If you have been in an auto accident, and you have sufficient evidence to support your claim, you may be able to file a lawsuit. A lawsuit is a process that involves many steps. This includes the filing of a complaint as well as the process of discovery that involves sharing evidence. This could include the deposition of passengers or witnesses as well as the call of experts for testimony and depositions. Non-economic damages Non-economic damages are damages that are not quantifiable by the court. They are determined by a jury on the basis of the severity of injuries and the effect they have on the victim's daily life. They are calculated by multiplying the amount suffering and pain that a person endures each day by number of days the injury continues to affect them. For instance, a person who has had a broken hip for 100 consecutive days would suffer non-economic damages of $15,000. To calculate this amount, they should gather their medical records, which include pain medication and other treatment records. Non-economic damages include pain , suffering as well as a loss in enjoyment of life and activities. Other non-economic damages include emotional and mental stress humiliation, shame, and reputational damage. They could also cover physical limitations, such as the inability to watch a movie or play sports. In some states it is possible to recuperate the loss of consortium. Non-economic damages can be highly uncertain. However, plaintiffs might be able to recover substantial sums if they have strong evidence to back up their claim. This can be accomplished during deposition as well as during trial. Plaintiffs should use the opportunity to share their story and provide concrete examples of the impact of the accident on their life. Medical expenses are the largest economic loss that a plaintiff could suffer from an auto accident lawsuit. This includes both the initial hospital stay and the subsequent medical treatment for any injuries. Another type of economic loss is lost wages. Some victims might miss work only for a few days and others may be unable to return for weeks or months. Other economic losses include property damage. Many accidents cause serious damage to vehicles and vehicles. The amount of non-economic damages awarded in auto accident lawsuits will vary on the severity of the injuries. A large amount of noneconomic damages will be awarded if the injuries are serious. The BIL insurer will also consider whether there was any fault in the accident. Insurers do not like losing lawsuits so when a plaintiff's case is focused on fault, they'll be more likely to accept a lower settlement. 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. Non-economic damages are compensation for these intangible losses. These damages can include physical suffering and pain as well as loss of consortium and loss of lifestyle. The way in which these damages are calculated is the major difference between economic damages and non-economic ones. For instance, damages that are considered economic include out-of-pocket expenses for medical bills, wage loss as well as repairs to vehicles. It is possible that you will need to find a new job if you are unable to work for an agreed-upon amount of time due to your injuries. Alongside medical bills economic damages can include the costs of repair and replacement of your vehicle. Trials The jury's role in lawsuits involving auto accidents is crucial to the final outcome of the case. In contrast to the judge, the jury must have the ability to make the final determination on the extent to which person was responsible for the accident. During the voir dire process, lawyers and judges are informed about jurors' biases and can choose them. Trials in auto accident lawsuits are highly contentious, but the benefits of having a legal professional on your side can dramatically increase the chances of success. Although trials are usually time-consuming but they can be avoided if you've got the right preparation. In most states, trials are decided by a jury. The jury is selected by lot and each jury member is asked a series of questions to determine if they are qualified to make a decision on the case. After the plaintiff presents evidence, the defense will present its case. The defense may summon witnesses to testify regarding certain incidents that occurred during the car accident. These witnesses typically support the side that called witnesses. This allows the defense to disprove plaintiff's claim. If the plaintiff is unable to present enough evidence to prove their case The defense can cross-examine witnesses and present their argument. Car accident trials are rare however, a lawsuit could be filed when the parties are unable to settle. A trial can be expensive and time-consuming for all parties. In certain cases settlements can be reached out of the courtroom, but it's best to settle prior to going to trial. To determine whether a settlement is appropriate for you, it's best to speak with an attorney. After the defense has presented their case, they can then present a closing argument , which will highlight evidence that contradicts plaintiff's assertions. In some instances defense lawyers may prove that the accident was different from what the plaintiff claimed , or that the victim was partly responsible. If there is auto accident attorney in long island of fault, however the defense lawyer could accept responsibility in the case. Trials in auto accident lawsuits can take a long time after filing the lawsuit. While judges do have more flexibility in their scheduling busy courts, they may not allow a trial until several months have passed since the accident. During the trial, the person who was injured is required to show evidence of medical expenses as well as lost wages, a reduction in earning potential, and the pain and suffering. Car accident lawsuits typically end with a trial, if both parties cannot agree on the fault of the other party or on compensation. In the event that multiple defendants are involved, trials may be required. When the case settles through negotiation, however, it will save the parties money and time in the long run. Costs The average auto-related settlement for a lawsuit is about $21,000, but the amount can be significantly more. The amount of money you can receive will differ based on the severity of your injuries as well as whether you require ongoing medical treatment. The more serious your injuries are, the more money you may be entitled to. You'll need to pay for medical expenses and lost wages in addition to the immediate expenses. Medical expenses can be costly and you may face difficulty returning to work for a period of time. The costs of a car accident lawsuit can quickly increase and not just in legal costs. Martindale-Nolo research showed that 74% of car crash victims who had attorneys obtained damages. This compares to 54% of those who didn't have an attorney. On average, victims who had attorneys were awarded $44,600 for their injuries, as compared to $13,900 for those without. It is important to note that auto insurance companies have legal representatives who are responsible for paying the least amount possible. If you don't have a lawyer, you may have a difficult time obtaining the compensation you deserve. The injuries resulting from a car accident are often severe. Settlements can pay for medical costs, property damage and attorney's fees. Certain claims may not be able to cover all costs. In certain cases an accident victim can also seek economic damages. These are damages dependent on the amount of money. These damages could include costs of auto repair and bodily injuries and could also include liens on the property of the other party. When you hire an attorney to handle your case you have the choice of a contingency fee or an hourly rate. If your case is successful, the lawyer will be paid a contingency fee. These fees are not inexpensive. So, make sure to review the contract carefully. Attorney fees are often a source of conflict between clients and attorneys. It is crucial to keep in mind that court filing fees and expert witnesses are largely beyond your control. Before you hire an attorney, it is important to agree on a specific amount. You should also make sure that you have a written contract in place, which will include a dollar limit for the costs. This will ensure that you won't be surprised at the conclusion of the case. Attorney fees are usually around 33 percent to 40 percent of the settlement. The percentage could differ from one state to the next, and there could be additional factors , such as ethics of the attorney regulations. The fees of a lawyer for auto accident lawsuits are usually contingent upon the outcome of the case. However, a reputable lawyer will offer an unwritten contract that spells out their fees.