An element of any injury lawsuit is the victims total losses, also known as damages.
Port Allen, LA – Almost all accident and personal injury lawsuits will conclude with a settlement agreement. This is because trials have become costly and time consuming, and some of those costs are the responsibility of the client, whether their attorney works on a contingent fee or bills per hour. A settlement agreement may be able to get the client most or all of the compensation they need without these additional costs. Any specific concerns about the settlement process should be directed to an injury lawyer with experience in this area of the law.
The total damages
An element of any injury lawsuit is the victims total losses, also known as damages. The victim and their attorney can look over things like bills, receipts, invoices, and pay statements to calculate or approximate the victim’s expenses tied to the accident. These are called economic damages. The attorney can also try to make an argument for non-economic damages for pain and suffering if the person has had trauma, mental health issues, physical pain, or reductions in quality of life because of a collision. Future lost wages and healthcare costs should also be considered at this point if the victim has a long term injury.
These calculations are often the starting point for what the victim hopes to get out of their settlement to offset all of their costs and losses due to the defendant’s negligence.
Attorneys for the plaintiff and the defendant will need to exchange information, evidence, and attempt to get the best deal possible for their client. In most cases, a victim will be able to maximize their compensation if they have strong evidence which shows that the defendant was clearly at fault. This means that the defendant would have likely lost an accident lawsuit at trial. However, in cases where the evidence is not as strong, or there is fault attributed to the plaintiff, they may have to make concessions to get a reasonable amount. The issues with evidence can be highly fact intensive, but they will certainly affect the outcome of negotiations.
The final agreement
Near the conclusion of the process, there should be a final document that outlines the terms of the settlement, the victim’s compensation, and other important matters. This should be reviewed with a legal professional before accepting, as the settlement is usually the absolute end of the lawsuit with no later prospect of taking additional action or receiving more compensation.
More information from a local injury lawyer
Miller, Hampton, and Hilgendorf is a firm that handles accident cases in Port Allen and the rest of Louisiana. Their attorneys are available to provide advice about the process to receive compensation through a settlement.