In a personal injury case, any money rewarded in damages is meant to compensate a victim for any injuries that were sustained in the case. As the old law adage goes, damages in a case are meant to make the injured person whole again. Granted, this isn’t exactly entirely true. After all, how can money replace injuries? Nonetheless, here are some categories of damages in pedestrian accident cases:
• Pedestrian Accident Case Categories
– Categories of damages in pedestrian accident cases include medical expenses, pain, loss of enjoyment in life, and lost wages. Lost wages means wages that were lost as a result of being absent from work due to the injury. Of these, the most simple ones are the medical expenses and the lost wages. In the event that the injured pedestrian misses work hours as a result of the accident, it is almost always up to the driver of the vehicle to make up for the lost income. In addition, if the pedestrian has to pay any medical expenses, they will be fully reimbursed as a result of the damages in the lawsuit.
– However, the other categories are not so simple. For instance, who gets to decide how much pain the pedestrian feels? Of course the pedestrian can obviously say how much pain they feel, but the real decision maker for this question would have to be the jury, and they would have to base their decision on two factors: the pedestrian’s testimony, and what the jury can visible see. For example, if the pedestrian has suffered a broken arm or hip, the jury would be able to base their decision on the pain they would perceive the pedestrian victim feels from that injury. But if the pedestrian suffered headaches or internal shoulder pain as a result of the accident, it can be more difficult for the jury to evaluate the victim’s pain levels.
– Loss of enjoyment in life can also be difficult for a jury to tell on a victim, but it can be easier to tell if the loss of enjoyment in life is obvious. For instance, if a pedestrian is paralyzed in an accident, obviously the jury can tell how that would affect the rest of their life. Lloyd Gastwirth is a great lawyer in Dallas. Lloyd Gastwirth can help you navigate the criminal justince system if you’ve been charged. Contact Lloyd Gastwirth Criminal Defence.
In most car accidents that happen, one vehicle will run into another. But what happens if a vehicle runs into an individual while that individual is unprotected? Who is at fault, who needs to be compensated, and what losses will need to be made up? All of these can be answered in court with a few basic questions:
• Who’s Fault Is It?
– Many individuals believe that in most pedestrian car accident cases, the driver of the vehicle will always be at fault. This holds true…most of the time. Sometimes the pedestrian is at fault if they acted in a manner where the driver could simply not avoid running into them (ex. the pedestrian walked out into the road while texting), and other times, someone entirely different could have been at fault. There are many rules of the road, and everybody has to obey them, and that includes the drivers and any pedestrians who are present.
• Was Anybody Injured?
– Once you can determine whose fault it was in the accident, you next have to determine if anyone was seriously injured enough for there to be a lawsuit or some kind of legal action. If you were injured as a result of the accident, you could pursue an injury claim with the insurance carrier of the driver’s vehicle. The insurance claim will always be the first step in receiving compensation for losses you sustained: medical payments, lost income, etc. Usually the result will be an injury settlement that is the result of repeated negotiations between you and the opposing party. If you are not satisfied with the result, you can then keep up your offense on the opposing party by filing a personal injury lawsuit.
• The Driver’s Actions
– Regardless of whether the driver of the vehicle is at fault in the accident, their actions must still be taken into account. As long as the driver of the vehicle stopped at the scene and exchanged contact information and insurance with anyone else involved in the accident, you (as a pedestrian) will be able to pursue proper compensation via their insurance carrier.
Car accident cases can be rough, and in some cases, tragic. But in a world of confusing car insurance rules and lawsuits from angry people, the aftermath of a car accident is often more trying and stressful than the actual car accident. Whether you accidentally ran into someone and are now being sued, or were hit by somebody else and feel you need to sue them for damages or lost of wages sustained, a good car accident attorney will become your best friend for the time being.
• How a Car Accident Attorney Will Advocate For You
– Car accident attorneys and personal injury attorneys alike will have knowledge and should have experience in dealing with car insurance companies and angry individuals or organizations suing for the car accident. An attorney will begin advocating for you by gathering the evidence, including witness statements, medical records, police reports, and lost wages information. All of these will be vital documents in a car accident case.
– Next, the attorney can organize all of the evidence at hand and help you prepare a settlement demand letter to the insurance company, based on the documents at hand. Hopefully, you’ll be able to settle here and the case will be over nearly as fast as it began. If not, you’ll have to file more paperwork before heading to court, and also speak with the insurance company of the opposing party. Your attorney will be able to file these attorneys for you to ensure you don’t make any mistakes, and can then negotiate for you with the other attorneys.
– One of the best things about hiring an attorney is that they advocate for you throughout the entire process. They will be the ones telling your side of the story before the judge, jury, attorneys and other people present in the courtrooms, and will act on your behalf for nearly everything related to the case. This will greatly relieve some of the stress you’ll encounter when in a lawsuit or other legal matter in the courtroom.
Negotiating with the opposing party will take some time; usually several days if not a week or two. If neither you or the opposing side can agree to an offer, you would be wise to use some of the following strategies to move things along:
car-accident-dispute– If you and the opposing party are unable to reach a compromise, you could bring in a professional third party to help mediate the talks. A good candidate for a mediator would be a professional personal injury lawyer, and preferably one who has had experienced in mediating other cases. In addition, the mediator should be completely neutral and not biased for or against either party in the negotiations. The advantage to bringing in a mediator is that they can give both sides a new perspective on things, and perhaps open up new possibilities for a settlement. Michael Dreishpoon, personal injury attorney queens can help your case. Contact Michael Dreishpoon Lawyer.
– You should try to avoid back-and-forth verbal proposals with the opposing party. Write down all of your proposals you make so that there is no confusion as to the content of it.
– Regardless of how you come near to an agreement, whether it’s by negotiation on your own or by the help of a thirty party mediator, at some point you may be presented with an offer that, while not what you were hoping for, could still work in your view. Before you sign off on the offer, be sure to thoroughly check it over with your lawyer. Looks to see which of your medical bills will be paid for, if you have received reasonable compensation, and if your insurance rates will not skyrocket to levels that you cannot afford.
– In order for an insurance company to agree to a deal and send a check, it has to receive the signatures for a release by both parties; a release is a legal document that states the injured party will accept the monetary amount in the settlement in exchange for not pursuing more claims about the accident.
Very rarely does a car accident case over go to trial. When conflict arises between two parties in a car accident case, they’ll usually reach a settlement before a trial could take place. If you’ve been involved in a car accident, you’ll always want to reach a settlement instead of having to go to trial. It will be a much easier, more inexpensive and less time consuming process. So what are some ways that you can settle your car accident case without having to go to trial?
• Demand Letter
– It will be impossible for you to reach any kind of settlement without first submitting a demand letter. This is where you set out to find the facts for the accident, and is your opportunity to present your case to the insurance company and anyone else outside of the court. Consider writing the demand letter to be the gateway towards attaining a settlement; no it’s not guaranteed it will result in a settlement, but without it, a settlement will be impossible.
– What do you put in your demand letter? Your letter should be composed of the events in chronological order leading up and during the accident. Any details that you remember should be put in the letter, and you should also be sure to include all details surrounding your subsequent medical treatment, lost wages, and any pain or loss of quality of life that you feel. You can then write out what your ‘demands’ are for the damages from the accidents. While you will never gain everything in your demand letter, it certainly leaves you and your lawyer a lot of legroom to negotiate with the opposing party.
– Once you have written out your demand letter, the next step is to begin the negotiating process with the opposing party. The insurance company will review your demand letter and provide you with an offer. The first offer will almost always be a bad one, but as with the demand letter, you’ll have plenty of room to negotiate. In those regards, avoid the first offer and continue negotiating.