Every U.S. state has a civil lawsuit procedure whereby an injured party can obtain damages from the person or entity who injured them. You could be entitled to damages in a personal injury lawsuit if you were hurt in a truck accident, auto crash, workplace injury, or other mishap.
Nix Patterson’s personal injury attorneys can review your case and determine if you may be able to obtain compensation for your damages, including medical bills, lost earnings, pain and suffering, and possibly more.
If you and your personal injury attorney prove that the other person or entity contributed to or caused the accident that injured you, you could receive compensatory damages to make you whole.
Compensatory damages refer to the money that state law allows personal injury victims to obtain from the person or party who injured them, including for medical expenses, lost wages, and mental and physical suffering. It is essential to understand the several types of damages to which you could be entitled in a claim or lawsuit.
Special damages, also called economic damages, are fairly easy to calculate. Economic damages are supposed to compensate you for any monetary losses you sustained because of the accident. The most common types of special damages in a personal injury lawsuit are:
General damages, also called non-economic damages, are difficult to add up or calculate. These damages are supposed to compensate you for harms that are difficult to give a monetary value. General damages may include:
Punitive damages can be awarded in injury cases where the other party was extraordinarily reckless or careless. Punitive damages are rarely granted, but you could receive this compensation in especially serious instances where the defendant’s behavior was extremely harmful.
For example, a judge could award punitive damages if a drunk driver with repeated DUI convictions was extremely intoxicated and severely injured a pedestrian in a crosswalk accident. Punitive damages are intended to punish the defendant and warn others not to engage in reckless behavior that disregards the safety of others.
Every personal injury case is different from another. Your personal injury attorney will review your case, injuries, and other factors and offer a rough estimate of what you could receive if the case is successful. Many personal injury cases settle for only a few thousand or tens of thousands of dollars, but serious injury cases may be worth much more. Some of the factors that will influence what you receive in damages include:
Many minor injury cases might settle for $5,000 or $10,000, but if you have injuries that require months of treatment and therapy, the settlement could be well into the six figures. Your attorney will review your case and give you an idea of what you might expect.
Some might assume that personal injury claims usually lead to a lawsuit, but that is untrue. It is estimated that only about 5% of personal injury claims go to court. The rest settle out of court.
However, it is up to you ultimately to decide if you want to settle or go to trial. It also is essential to consider what your attorney says about settling vs. going to court. If your lawyer thinks you could receive more in damages in a lawsuit and you can afford to wait for the money, he or she may recommend suing. But settling for smaller damages could be wiser if there is any question about liability and you need money sooner.
Having a skilled personal injury attorney working for you during settlement talks can pay huge dividends. The vast majority of personal injury cases lead to settlement, so you should rely on your attorney to potentially increase your compensation by:
When you are in a personal injury claim, the defendant will probably be represented by an insurance company and defense attorneys who handle these cases daily. The insurance company will attempt to reduce the payout.
Your attorney’s experience and negotiating skills will make a big difference in receiving more compensation for your damages. They hone their negotiating skills in law school and personal injury cases and can get more out of the insurance company than you can.
If you select a skilled, aggressive litigator with trial experience, your attorney can always suggest that they may file a lawsuit when settlement negotiations break down. This can encourage an insurance company to increase its settlement offer. On the other hand, if an attorney doesn’t represent you, the insurance company will probably offer you a small settlement and not take you seriously.
If you were injured in a recent accident because of someone’s negligence, you may be able to receive compensation in a lawsuit or settlement. Speak to Nix Patterson’s personal injury attorneys for a free case review. We offer a complimentary case review, and you don’t pay legal fees unless we win your case.
Nix Patterson only works on a contingency fee basis. Our clients pay us nothing unless we win. Schedule a free consultation today. Call 512.328.5333 or complete the form below.
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