What happens when personal injury claims go to trial.
How damages are calculated.
When to expect a settlement.
And more!
How Are The Damages In Personal Injury Cases Calculated?
In a personal injury claim, damages are broken down into two categories:
Economic Damages: This includes all your hard costs, such as medical bills, lost wages, and any out-of-pocket expenses related to treating your injuries.
Non-Economic Damages: This covers the pain and suffering you experienced related to the accident. It is important to remember that you are entitled to compensation for your loss of enjoyment of life, inconvenience, and physical and emotional pain.
In some cases, a claim can be made for the loss of consortium. If you are legally married, your spouse can bring a claim for harm caused to the marital relationship. This claim would reflect the loss of affection and general damage they have suffered by not having you as a whole spouse or partner due to your injuries.
What Happens If You Cannot Get A Reasonable Settlement Offer From The Insurance Company?
Not every case goes to trial, and the vast majority of cases settle at some point before trial – even after a lawsuit is filed. However, the best-prepared cases result in the best settlements, meaning if your attorney can build your case, it will show the insurance company that you and your attorney are ready to try the case and are fearless in doing so.
This readiness puts the insurance company in an uncomfortable position. Most insurance companies are comfortable with risk but don’t like to gamble, so the better prepared you are, the more risk you create for them – as jury trials can be unpredictable. Retaining an experienced attorney to tackle your case increases your chances of settling for the maximum compensation you are entitled to.
How Can You Pay Medical Bills After An Accident While Awaiting A Settlement?
If you have auto insurance and paid for personal injury protection or medical payments coverage, that will cover your medical bills up to whatever amount you purchased. Beyond that, it helps if you have private medical insurance (including Medicare and Medicaid), or were injured on the job, (in which case you are insured under the Washington Department of Labor & Industries). If you do not have insurance, sometimes you can find contractual financing with a medical provider.
How Long Do Personal Injury Cases Take?
The length of a personal injury case depends on the facts of the case, such as how long your treatment lasts, and if a lawsuit has to be filed. Claims in which you do not have to file a lawsuit can usually be resolved within months after treatment completion. In many Washington counties, if a lawsuit has to be filed, cases are set with a trial date approximately one year after the filing date.
How Much Do Personal Injury Cases Cost?
At Axion Law Group, cases are taken on contingency, meaning that you only pay a fee if we successfully recover compensation for you. The real question that people need to ask themselves is if they can afford not to retain an experienced trial attorney.
Insurance companies will value the case based on what they believe will happen at trial. If you don’t have an attorney who can successfully take the case to trial, they will consider that fact and offer a lower settlement amount. It is essential to consider what an attorney will be doing for you if the case must be filed, which includes:
Gathering the evidence needed to prove your case,
Processing the evidence to be admitted at trial,
Presenting all of the evidence to the jury,
and more.
For more information on Calculating Damages In A Personal Injury Claim, an initial consultation is your next best step.
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