An auto accident personal injury claim can be complicated and take several years to resolve. Even then, because of insurance or state limits, the amount of money you receive for your injuries may be much less than anticipated. Prior to initiating a claim for personal injury damages resulting from an auto accident make sure to understand the essential facts about any claim and, if you are confused, ask your attorney for explanation.
There Might Be No Such Thing as Unlimited Damages
Because of the multitude of personal injury lawsuits in the court system, many states have responded by creating guidelines and specific monetary limits on what an injured party can recover in a lawsuit. These rules delineate everything from the procedure that must be followed prior to filing a case in court, to the documents that must be provided, to the maximum amount of damages that can be awarded by a judge or jury.
Procedurally, states might require an attorney to send a demand letter and participate in mediation prior to heading to a courtroom. Mediation is the process by which two parties negotiate a settlement acceptable to all parties. Some states might even require binding or non-binding arbitration before deeming it permissible to file a lawsuit. Arbitration is similar to a court proceeding in that a third-party acts as judge, hears evidence and then makes a determination. Sometimes, the arbitrator’s decision can be appealed to a court, other times it is binding and final.
There is More Than One Type of Damage Awarded
The legal term “damages” refers to multiple types of damages, including medical, physical, mental and punitive as well as others. Punitive damages are damages awarded to punish the party for behaving wrongly. While a state may cap the amount of damages, often punitive damages are excluded from recovery in car accident cases.
You Must Prove Your Damages
A court will not merely award a claim of damages that are unsubstantiated or unsupported. A claiming party must show documentation that injury was suffered as a result of the accident and that the injury was not present prior to the accident. If a party is not expected to fully recover, the amount of damages resulting from that prognosis must also be calculated.
Lawsuits Are Not Speedy
Personal injury lawsuits are some of the most lengthy, convoluted and contentious suits in courtrooms. Not only are there multiple steps, but there are multiple filings and required physician visits that must occur prior to getting before a judge or jury. Also, depending on the states rules, a jury trial may not be available.
Seeking Legal Help
Because of the intense nature of personal injury lawsuits, hiring an attorney for representation is almost essential. If you have been injured as a result of another person’s negligence or behavior, talk to an attorney about what, if anything, you can recover.
