What Evidence And Witnesses Are Critical For My Personal Injury Case?
If it’s an auto accident, it’s important to try to get the names and phone numbers of any witnesses who are involved. Sometimes, you’re too injured to gather that information, and you have to rely upon what the police officers obtain and put in their report. The police are often able to identify people who may have seen how the collision occurred. If it’s a slip and fall and there is anyone around who saw what happened, or if there are any objective witnesses, then it’s important to get their names, phone numbers, and addresses if possible. Your lawyer will want to take the statements of these witnesses as soon as possible so that their memories are fresh. Secondarily, you want to get photographs of the scene and/or the vehicles involved.
Often, the severity of the impact of the collision goes a long way in convincing a jury that it was a serious incident, and that you suffered serious injuries as a result. Therefore, the more information you’re able to gather at the scene or as soon as possible after the event occurs, the better. If you are not able to gather information, then contact attorney as soon as possible. The attorney can often follow up and identify and interview witnesses, photograph or videotape the scene before circumstances are changed or people aren’t able to be found. It’s important to act quickly and gather evidence as much as you can as soon as possible.
At What Point Should I Retain The Services Of A Personal Injury Attorney?
You should retain the services of a personal injury attorney as soon as possible. The attorney will know what to do in your particular case. He or she will know the type of evidence that should be gathered, how to handle it, where to send you if you need treatment from different health care providers, guide you through the process, and guard or shield you from the adjusters who may try to convince you to settle the case for far less than what it’s worth.
How Are Personal Injury Settlement Amounts Calculated?
There is no set formula for calculating the value of personal injury settlements. You try to gauge what a jury is likely to award based on the evidence you expect to present.The factors that go into it include the amount of past medical expenses, whether the doctor has given an opinion that you’ve suffered a permanent injury;if so, the percentage of impairment or disability; and whether and to what extent you will need future treatment. Other questions that are considered include: How old are you? How long do you have to live with it? What sort of future medical treatment are you’re going to need? And, whether there’s going to be surgery, ongoing physical therapy, or injections. You must try to accurately predict what the treatment future needs are going to be and what they will cost. You must also consider that as everybody ages, they suffer degeneration. Oftentimes, we look at past amounts of medical expenses and the permanent disability rating assigned by the doctor. You must also consider the number of years that the person has left to live with that impairment. All of these factors are evaluated in trying to estimate a fair settlement amount.
There are two basic categories of damages, economic and non-economic. The economic damages are the medical expenses that are not covered by PIP or some other collateral source that does not have to be reimbursed. Economic damages could also include lost income, future loss of earnings due to the inability to work, and future medical expenses. Non-economic damages include pain and suffering, aggravation, mental anguish, and the loss of capacity for the enjoyment of life. There is no set formula for trying to calculate noneconomic damages. Again, that’s dependent upon the disability rating, the severity of the injury, how it impacts the person’s life, and how much longer he or she is going to live with it.
It’s a very difficult thing to pinpoint. There’s no mathematical formula to calculate non-economic damages. I often look at it as a number of dollars per day over the injured person’s life expectancy. The amount sought per day would depend upon the severity of the injury. Other lawyers may use a different method to calculate it. The best way may be to look at what prior juries awarded with similar injuries or similar disability ratings.
For more information on Evidence & Witnesses In a Personal Injury Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 462-7500 today.