Yuma, AZ – The main reason that accident victims bring civil cases is to receive some kind of compensation. However, the specific value of any settlement agreement or trial verdict often remains a mystery in the early parts of the lawsuit. Personal injury attorneys will need to meet with a client and learn about their injuries and specific costs tied to the incident to get a concrete idea regarding the value of their lawsuit.
Calculation of damages
The final element of a negligence case is damages. This is the monetary value of the plaintiff’s losses and the summary of damages is essentially the total value of the lawsuit. Economic damages are the plaintiff’s losses tied to medical treatment, lost wages, property damage, and similar tangible problems. To get an estimate, a lawyer can simply add up the amounts that the victim provides in their medical bills, pay statements, and other documentation.
Non-economic damages are more difficult to estimate and this is where the lawyer can use their experience and negotiation skills. A person can be paid for essentially experiencing pain and trauma caused by an accident. Some lawyers have become very skilled at convincing juries that accident victims are entitled to thousands or millions of dollars for non-economic damages alone. However, there is really not an exact formula to estimate these kinds of losses without looking at similar lawsuits, or the attorney simply using their judgment based on past experience. This is one of the reasons that it can be notoriously difficult to get a value estimate for an accident case without talking to a lawyer about specifics.
The total amount that the plaintiff receives may also be adjusted based on the principles of comparative negligence. Arizona courts use a doctrine where a plaintiff that is partially at fault for an accident can still receive damages for their injuries, but the total award is adjusted relative to their level of fault. This adds even more complexity to the process of making an estimate.
For the most part, accident victims can assume that their case will end with a settlement unless advised otherwise. Trials tend to be more expensive, and there is a risk of the jury siding with the defendant, which means that the plaintiff will receive nothing. These issues tend to cause most cases to end with settlements unless there is a specific reason why a trial is necessary.
Help with filing an accident lawsuit in Arizona
Schneider and Onofry is a trusted personal injury firm that helps local clients with the legal process in Yuma, Arizona. One of their attorneys can assist with the process to receive the maximum amount of compensation allowed by law.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364