My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
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What Goes Into An Accident Judgment?
Douglas Thompson
While a settlement is a quick way to be paid for an accident, you may end up taking your case to court. If you do, it can be helpful to understand how court judgments come about. Read on to find out what goes into accident judgments.
Settlements and Judgments: What to Know
After an accident, you can be paid three ways. You can settle for what the insurer offers you, which is usually just your medical bills and the cost to repair any vehicle damage. To settle your case, your personal injury lawyer negotiates with the insurer to get you the best possible amount of compensation for all the ways you have been affected. On top of medical expenses and vehicle repair, that usually includes lost wages, future medical treatment costs, and pain and suffering. If you take your case to court, you can be paid for the same damages as you asked for in the settlement. The jury, however, has the discretion to give you more or less. Below are the factors that affect how much you will be paid if you take your case to court.
- Fault: When cases don't settle out of court, it can be because of an unresolved issue with fault. You must be able to show that the other driver caused the accident. Proving fault involves evidence. Your personal injury lawyer will assemble photographs, eye-witnesses, accident experts, videos, and more in an effort to show fault.
- Coverage: Most drivers carry enough insurance to cover the needs of accident victims, but many insurers are reluctant to pay the full amount needed. The money to pay a court judgment comes not just from the insurer, however. You can also be paid by the driver themselves. If they have assets, they can be liquidated. Bank accounts can be frozen pending the judgment, and the at-fault driver's wages can be garnished to pay the court judgment.
- Injuries: If your injuries were severe enough to keep you hospitalized for a few days, you may also be due pain and suffering damages. Serious injuries that take a long time to heal and that result in very high medical costs can result in pain and suffering awards of hundreds of thousands of dollars.
- Demographics: As the victim, your personal characteristics can also come into play. Judges and juries may take into account things like your age, your children's ages, your education level, your salary, and more when determining your award
Your personal injury lawyer may only be able to provide you with a ballpark figure about compensation at first. As time goes on, you will soon agree on an amount that you deserve to be paid. Speak to a personal injury attorney to learn more.
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