Learn how damages are determined in a Muskogee personal injury case. Find out what factors will be examined in determining the amount of damages you will receive for your injuries. This information can help you determine if filing a potential personal injury case will be worth it. Here is what you need to know.
Personal injury damages depend on a number of different variables, and what follows is a short explanation of how these variables are used in deciding how much you receive in damages for your injuries.
Who decides how much damages I get?
It is a widely held misconception that, when you file a personal injury lawsuit, the judge decides your case. But, unless the case is tried to the bench in what is called a “bench trial,” it is normally a jury who will decide not only if you will prevail in your lawsuit, but also the amount of damages you will receive.
Whether a jury or judge decides your case, the basis of any personal injury claim is the evidence. Once all the facts have been presented, the judge or jury will evaluate the evidence with respect to the law. Then, as far as the facts support your claim, they will award you damages in an amount sufficient to compensate you fairly for your injury.
Here is how it works:
A lawsuit is initiated by filing a complaint for damages, which is a written document that includes your claims and how much money you are looking to receive in damages.
During the litigation period, information is exchanged between the parties in the lawsuit. This will often require you to give a deposition, which simply means having your testimony recorded under oath for later use at trial.
Once the case goes to trial, the evidence will be presented to the court and the jury will weigh contested issues of fact and decide which evidence they find credible.
Finally, if you prevail, the judge or jury will decide the actual amount of damages you will be awarded..
What amount of damages will I receive?
The amount you are ultimately awarded will be a combination of both economic and non-economic damages. Economic damages are based on fixed values. For instance, if your vehicle was totaled during a collision and the Blue Book Value is $5000 dollars, it would be easy for the jury to award you $5000 for your vehicle. In another example, if you were towing a piece of fine art in your vehicle that was worth $100,000, which was destroyed when your car was hit, it would again be easy for the jury to award you $100,000 in damages.
Non-economic damages are more complicated to determine. Non-economic damages include pain and suffering, loss of enjoyment of life and the loss of consortium. The judge or jury has the difficult job of placing a value on what are considered to be incalculable losses, which in turn makes it more difficult to determine the total amount of damages to award.
Free Consultation: Muskogee Personal Injury Lawyer
Your personal injury case may be worth more than you think. To find out how much your Muskogee personal injury case may be worth, contact the Muskogee lawyers at The Wirth Law Office – Muskogee for a free consultation today with a Muskogee personal injury attorney at (918) 913-0725 or call toll-free at (888) 447-7262. If you prefer to contact us by email, use the form at the top of this page