Accident Law & Outcomes of Cases

3711 Readers 6 Feedbacks
accident attorney

 

“The achievements are the results of the combined effort of each individual.” – That’s what Vince Lombardi said about outcomes. And this can be applicable for lawsuits also. Most lawsuits are concerning accident and injury cases. And you can expect different outcomes of a case on different perspectives.

Damage Calculation

The amount of damage recovery you can expect from a case depends on the amount of damages. But the amount is determined by the type of damage too. Damages can be categorized as following:

  1. General Damage: Damages which can be measured with value of money. Like a car repair cost in accident cases, or damage to personal property.
  2. Special Damage: These can’t be measured with money as general damages. It can’t be calculated to the pin point. According to accident law it is calculated by the amount of harm it caused. This “harm” can be the medical bills, or the wages you lost for the accident. Like personal injury. Damage to your self is considered as personal injury. Personal injury is divided in to two categories also, like:
  3. Physical Injury: Injury to your physical body. Like broken bones or cuts. Physical injuries are usually visible from outside.
  4. Mental Injury: Injury to your mentality. Suppose you can’t sleep or relax after facing a fatal accident. Then it will be considered as mental injury. Unlike physical injuries, mental injuries are not visible from the outside.

Negotiation

After filing a lawsuit, your accident attorney will arrange a negotiation with the defendant. There you can claim the recovery for the damages. Most cases get resolved in negotiation. But if a negotiation fails the case will face a trial. Trial is where the judge or juries will decide what happens at the end.

Structured Settlement

Structured settlements are small amounts handed over time to time instead of a lump sum. Suppose you are badly injured from an accident and you won’t be able to work anymore because of the injury. So the negotiation gets settled at that the defendant will pay you a certain amount of money time to time so that you can carry your expense. In case of structured settlements it’s the defendant’s insurance company who will pay you that money.

Comparative Fault Rules

According to this rule, if one party is partially guilty for an accident then he will be penalized partially as well. If a party is found 50% at fault for an accident then the damage penalties will be 50% for that as well.

 

At the end, “every new beginning comes from some other beginning’s end”– just like Seneca said. So don’t break down on your knees after a crucial accident. The accident law may not be able to recover your physical ability, but it sure will make the opposing party pay for it.

 

Stephen Zee

 

 

6 Comments
  1. Randy R.

    March 17, 2014 at 8:44 pm

    The court doesn’t have the power to rule on the controversy. For example, state law may require a special court to determine certain matters, such as requiring that a probate court, rather than a general civil court, decide a complaint involving the interpretation of a will.

  2. Marian O.

    March 18, 2014 at 2:52 pm

    The court does not have power to make decisions affecting the defendant personally. The court lacks jurisdiction over you if you do not have sufficient minimum contacts with the place where the lawsuit has been filed. For example, if you were involved in an automobile accident at Yellowstone National Park, but you live in Florida and you’re being sued in Vermont, you would have a good reason to argue that the Vermont court doesn’t have jurisdiction over you.

  3. Tommy G.

    March 19, 2014 at 5:47 am

    Interrogatories are questions requiring your version of the facts and of your claims. They can be pre-printed “form” interrogatories, or specific questions asked just for your case called “special” interrogatories. Questions can range from the broad (“What happened on April 26, 2004?”) to the specific (“Is it your position that the defendant was wearing sunglasses at 2:30 p.m. on April 26, 2004?”). If the questions asked are not fair questions or are difficult to understand, your attorney will help you decide what you should object to.

  4. Sam J Peter

    March 20, 2014 at 8:12 am

    A hallmark of the American legal system is the principle that there should be as few surprises as possible in the course of a lawsuit. Since the late 1940’s, the federal court system has required disclosure of all relevant facts and documents to the other side prior to trial, and virtually every state has followed its lead. That disclosure is accomplished through a methodical process called “discovery.” Discovery takes three basic forms: written discovery, document production and depositions.

  5. Anthony L.

    March 21, 2014 at 9:15 am

    Requests for admission are not often used, but can be a very powerful tool. They ask a party to admit or deny certain facts pertaining to the case, and they carry with them penalties for not answering, for answering falsely, or even answering late.

  6. Joseph S.

    March 22, 2014 at 7:18 pm

    A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery. The material presented in the complaint and any exhibits to the complaint are the focus of the motion, which is brought when the defendant believes that the complaint is legally invalid. In deciding a motion to dismiss, the court must view the facts set forth in the complaint in the light most favorable to the plaintiff.

Leave a Review

Your email address will not be published. Required fields are marked *