“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.
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:
- General Damage: Damages which can be measured with value of money. Like a car repair cost in accident cases, or damage to personal property.
- 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:
- Physical Injury: Injury to your physical body. Like broken bones or cuts. Physical injuries are usually visible from outside.
- 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.
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 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.