Prospective clients often want to know the total economic value of a civil lawsuit. However, it is impossible to proclaim the value of any future settlement or judgment associated with a case. The primary reason for this is every case has a unique set of facts which intersect with the law in a peculiar manner.
Understanding the legal principles inherent in the majority of civil lawsuits is the best way to learn that it is impossible to assign a dollar value to any case. Numerous factors affect whether the case will be resolved through settlement negotiation or mediation. Also, it is possible that your case will go to trial, in which case a judge or jury will determine the value of your case.
The Types of Damages Accident Victims May Claim In Personal Injury Cases
It is necessary to focus on how you can calculate the total damages associated with your case. The majority of accident victims claim both economic damages and non-economic damages. Essentially, economic damages refer to things such as medical expenses, property damage, and lost earnings. Non-economic damages concern pain and suffering, emotional distress, and loss of enjoyment of life.
It is essential to calculate the total damages amount for your case. Sometimes you may claim punitive damages in an automobile accident case. Punitive damages are awarded in cases in which the defendant has engaged in conduct that is wanton, willful, or malicious. Also, punitive damages are designed to punish the defendant and to deter the defendant from committing the same conduct in the future.
The following are some common examples of the damages you may claim in an automobile accident case:
- Medical bills
- Lost earnings
- Property damage
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
This is not a complete list of the types of damages victims may claim in automobile accident cases. Any person who suffers injuries due to the negligence of another party may seek financial compensation for their injuries. It is therefore vital that all injured victims understand how to calculate the total damages amount.
Automobile Accident Cases and Settlement Negotiations
Settlement negotiations are a form of alternative dispute resolution. Mediation and arbitration are also different types of alternative dispute resolution. The majority of automobile accident cases in the United States are resolved through settlement negotiation. Typically, the parties determine to start with a low number and work their way upward by presenting offers and counteroffers.
Being prepared for trial is one way to alert opposing counsel that you are serious about litigating the case. If defense attorneys believe you are prepared to go to trial, then they will be more willing to settle the civil lawsuit before it proceeds to trial. Settlement negotiations promote the preservation of judicial resources. If all cases went to trial, then the court system would be so congested that no cases would be resolved. Therefore, settlement negotiations are an essential component of every automobile accident case.