
It doesn’t take much damage from a car crash to potentially end up in a personal injury lawsuit. Regardless of what side of the coin you’re on, it can lead to you feeling overwhelmed. These might include:
- Medical bills.
- Lost wages.
- Plenty of emotional stress.
You’d be surprised at how many people delay filing for a personal injury lawsuit. Why? Well, primarily due to a lack of education surrounding the legal process. The reality of this is that pursuing the lawsuit could offer the most clarity in the situation.
This is why legal counsel is so important, as it helps to eliminate a lot of the questions and doubts about the entire process.
Hi. In today’s blog, I will be talking about some of the things on which your personal injury lawsuit settlement amount depends.
So, if that is what you want to know, you have come to the right place. Therefore, keep on reading this blog till he end and thank me later…
Personal Injury Lawsuit Settlement Process
Here are some of the most important steps in a personal injury lawsuit settlement that kind of determines the ultimate result of the lawsuit. And yes, needless to say, ensuring the right compensation amount also depends largely on these steps.
So, take a look at them:
Initial Consultation and Case Evaluation
Your first step here is to dive into an initial consultation with a personal injury lawyer. Whether it’s Trevino Law, Denver, Colorado, or another reputable option, proper case evaluation is crucial.
As you might expect, this can include many technical details. And that’s because of what’s going to matter when it comes to the end results of your case. Here are several important focal points to consider:
- Collect and provide important documents like police reports, medical records, accident photos, and any witness contacts you might have
- Attorneys will go through a liability assessment to determine who was truly at fault
- They will also focus on damage estimation and calculating potential compensation
- Medical documents will be reviewed to determine the clear extent of any injuries
- Cornerstones like statutes of limitations, jurisdictions, and your legal standing in the case are reviewed
Keep in mind, these are just a few common pillars of personal injury cases. Once everything is thoroughly reviewed, you’ll receive insight into whether it’s viable to move forward with the case.
Filing the Lawsuit
The complaint from the personal injury lawyer is what leads to an official lawsuit.
Generally, this comes after initial settlement talks don’t pan out, requiring an official case to get closure on the situation.
Overall, the lawsuit leans into every detail of the accident, how your injuries were caused, as well as the damages.
If I have to be more clear about it, let me just say that just to name a few, damages can relate to the following things:
- Loss of money.
- Medical expenses.
- Property damage.
When a case is initiated through a lawsuit, the person referred to as the defendant is typically given a limited period. He or she must reply within this timeframe. And yes, typically, it is about 30 days.
The decision of the defendant to confirm or reject the allegations decides the subsequent course of action, e.g., a defense or the filing of motions in court.
The Discovery Phase
Commonly, one of the most time-consuming steps in a personal injury case is the discovery phase. This generally includes a lot of meticulous detail.
From interrogations to written questions under oath, there’s a lot of discussion to get down to the truth and a resolution.
When it comes to depositions, these are sworn, in-person interviews. Lawyers go through extensive questions with you and any witnesses involved in the case.
Document requests are also very common here, as evidence is always a necessity to get to proper justice.
While everyone hopes for honesty and clarity across the board, this isn’t always the outcome, which is another example of why evidence is so crucial.
Not only does this approach add strength to your case, but it definitely puts pressure on insurance companies to do what they’re supposed to do.
Settlement Negotiations
Once you get to the point of discussing settlements, lawyers will negotiate with the opposing party’s legal defense.
It’s fairly common to enter mediation or alternative dispute at this point, as back-and-forth is common before reaching a settlement.
For clarity, mediation includes a neutral third party with the aim of finding a middle ground where both sides in the case can reach an agreement.
Not only is settling important for justice and resolution, but it also helps to avoid the cost and stress of a trial that could lead to less favorable results.
Going to trial is a necessity in some circumstances, and can even come with better rewards, but it’s a much longer process that can also include increased risk.
Navigating a Trial
Finally, if by any chance, the defendant disputes the liability upi mihht not be able to reach a settlement amount. Additionally, if the defendant comes up with another angle, it would be best to consider a trial!
Now, I do understand the point that you might not want to go through this entire legal drama. However, it really is very important.
Below are several key areas you’ll want to understand when it comes to a personal injury trial:
- A judge and jury will listen to and examine the evidence in great detail, from testimonies, legal arguments, and everything in between
- Trials start with opening statements from both sides
- Witnesses are also a part of this, whether it’s those who saw the vehicle crash or doctors involved with patient treatment
- Closing arguments are somewhat of a summary of each side of the coin, with key points highlighted to help influence the judge or jury’s decision
- Once deliberation has passed, it’s time for a verdict to be made, which can end in favor of the injured party or the defense
It’s definitely a drawn-out and technical process, but it’s necessary for everyone’s right to a fair trial.
Some cases are easier than others to navigate, but it doesn’t take much to make it rather complicated.
Without proper documentation, consultation, and evidence, there’s a good chance you won’t even get to a trial.
We would all like to put the accident of a vehicle crash behind us as soon as possible, but those involved don’t always get that luxury.
In the same vein, if you’re the injured party and want to see honesty and justice, it requires this extent of due diligence.
What Is The Personal Injury Lawsuit Settlement Amount That You Can Expect?
At the end of the day, this can all sound extremely taxing, but that’s why legal counsel is there to help you navigate insurance, defense, evidence, and more.
Considering the sensitive nature of the situation, it’s essential to work with legal professionals you can count on.
Now, given the fact that you have understood how many things the personal injury lawsuit settlement depends on, let me tell you the average amount of settlement that you might get.
Well, as per recent data, the average payout amount when it comes to personal injury lawsuit settlement is near about $53,000.
For the majority of people who suffered moderate injuries such as broken bones, sprains, and whiplash, the compensation is usually in the range of $3,000 to $10,000.
Nonetheless, catastrophic harm and psychological torment have been the basis on which some claimants have been remunerated in millions.
Increased settlements may result in an average payout that is unrepresentative of the majority of personal injury victims if it becomes skewed by typical payouts.
However, every single situation is unique. There is no specific amount that would be paid for a particular kind of injury as the court may also consider various additional mitigating factors in the decision.
Personal injury lawsuits aren’t a new topic by any means, but many people go years throughout their lives without ever having to deal with one.
If the time ever comes, one of the first steps you should take is speaking with a personal injury lawyer for the guidance you need.
Read More:
- Weighing the Value of a Personal Injury Claim
- Read This Before Filing Your Personal Injury Lawsuit
- How Insurance Companies Will Delay, Deny, or Devalue Your Personal Injury Claim?
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