Serious injuries can happen when others behave negligently, recklessly, and carelessly. Some of the most common personal injury matters that result from others’ negligence include motor vehicle crashes, pedestrian accidents, and slip and falls.
If you suffered injuries in one of these occurrences, a knowledgeable and experienced Omaha personal injury lawyer can estimate the likely settlement or verdict value of your case and calculate the damages to which you are entitled. Your lawyer can also handle every step of the settlement negotiation or litigation process for you and work to maximize the compensation you ultimately receive.
Types of Personal Injury Matters That Result from Others’ Negligence
Personal injury law encompasses various situations where individuals suffer harm due to others’ negligence. Negligence occurs when a person fails to act with the level of care that a reasonably prudent person would exercise in similar circumstances, leading to accidents that can have serious consequences.
- Car accidents are one of the most common forms of personal injury incidents. Often resulting from negligent behaviors such as distracted driving, speeding, or driving under the influence, these accidents can result in significant harm. When drivers fail to adhere to traffic laws or do not pay attention to their surroundings, they put everyone on the road at risk, including other drivers, passengers, and pedestrians.
- Truck accidents involve commercial vehicles that are often larger and heavier than standard cars. Negligence in these cases may stem from various sources, including fatigued drivers, improper vehicle maintenance, or inadequate training. When trucking companies or drivers disregard safety regulations, they can create dangerous situations that lead to severe accidents.
- Pedestrian accidents occur when drivers fail to yield to pedestrians at crosswalks or other designated areas. Negligent actions, such as running red lights or not looking for pedestrians before making turns, can have devastating consequences. Drivers are expected to be vigilant and attentive, and failing to do so can result in serious harm to those on foot.
- Motorcycle accidents frequently happen due to the negligence of other motorists who may not see motorcycles on the road. Drivers who fail to check their blind spots or misjudge the speed of approaching motorcycles can cause life-threatening accidents.
- Bicycle crashes also highlight the risks that cyclists face from negligent drivers. When motorists do not respect the rights of cyclists on the road or engage in reckless driving behaviors, they create hazardous conditions that can lead to serious accidents.
- Finally, slip-and-fall accidents occur due to negligence on the part of property owners. If a property owner fails to maintain safe conditions – such as by not cleaning up spills or addressing uneven surfaces – they can be liable for accidents that occur on their premises.
Injuries That Accident Victims Frequently Suffer
Victims of accidents due to others’ negligence can experience a wide range of physical, mental, and emotional injuries. Each type of accident can lead to specific consequences, significantly affecting a person’s quality of life.
Physical injuries are often the most visible and can vary in severity. In car accidents, victims may suffer from whiplash, fractures, or spinal cord injuries. Truck accidents can result in even more catastrophic injuries due to the size and weight of commercial vehicles. These injuries often require extensive medical treatment, including surgeries, physical therapy, and long-term rehabilitation. Motorcycle and bicycle crashes frequently lead to road rash, broken bones, and head injuries, given the lack of protection for riders. Victims of slip-and-fall accidents can suffer sprains, concussions, or broken hips, especially in older adults.
In addition to physical injuries, victims may experience significant mental injuries, including conditions such as post-traumatic stress disorder (PTSD), anxiety, and depression. The trauma from a serious accident can leave lasting psychological scars, making it difficult for victims to return to their normal routines. For instance, someone involved in a car accident may develop a fear of driving, leading to avoidance behaviors that affect their daily life.
Emotional injuries are closely linked to mental health but focus more on feelings and psychological well-being. Victims may experience feelings of helplessness, anger, or sadness. The effect of an accident can disrupt personal relationships as victims struggle to cope with their new reality. They may feel isolated from friends and family due to their injuries or changes in lifestyle.
When accident victims suffer injuries, they may be eligible to recover compensation for related past and future medical expenses, along with pain and suffering compensation for the mental anguish and emotional distress they experience.
Calculating Damages in a Personal Injury Case
Calculating damages in a personal injury claim or lawsuit is a critical process that determines the compensation a victim may receive for their injuries. Damages are typically categorized into three main types: economic damages, non-economic damages, and punitive damages. Each type serves a different purpose in compensating the victim for their losses.
Economic damages are tangible losses that can be easily quantified. To calculate these damages, victims should gather all relevant documentation.
- Medical Expenses – These expenses include all medical bills related to the injury, such as hospital stays, surgeries, rehabilitation, and medication. Future medical costs can also be estimated based on the severity of the injuries and the expected duration of treatment.
- Lost earnings – Victims should calculate the income they lost due to their inability to work. This loss can be determined by taking the difference between their usual earnings and what they earned during their recovery period. If the injury affects future earning capacity, the victim’s lawyer may consult an expert to estimate potential lost income over time.
- Property Damage – This compensation includes any costs incurred for repairing or replacing damaged property, including vehicles involved in an accident. Receipts and estimates from repair shops help substantiate these claims.
Non-economic damages, on the other hand, refer to intangible losses that are harder to quantify, such as pain and suffering, emotional distress, and loss of life enjoyment. These damages can be calculated using several approaches:
- Multiplier Method – In this method, total medical expenses are multiplied by a factor – usually between 1.5 and 5 – depending on the severity of the injury. More serious injuries warrant higher multipliers.
- Per Diem Method – This approach assigns a daily rate for pain and suffering and multiplies it by the number of days the victim experiences discomfort.
Punitive damages serve a different purpose. Unlike economic and non-economic damages, punitive damages are not intended to compensate the victim but rather to punish the at-fault party for particularly reckless or malicious behavior. These damages aim to deter similar conduct in the future and are awarded in cases where the at-fault party’s (defendant’s) actions are found to be egregiously negligent or intentional.
The calculation of punitive damages varies by jurisdiction and typically considers the defendant’s behavior, the harm caused, and the financial status of the defendant. Calculating damages in a personal injury case requires a thorough evaluation of all financial losses, careful documentation, and an understanding of legal standards for non-economic and punitive damages. A skilled personal injury attorney will work hard to maximize the damages that accident victims receive by aggressively negotiating with insurance company representatives or, if necessary, litigating the case in court to a favorable resolution.
Settling or Litigating a Personal Injury Case
Deciding whether to settle or litigate a personal injury case is a significant choice that can affect the outcome of a victim’s recovery. Both options have advantages and disadvantages, and understanding them is essential for making an informed decision.
Settling a case typically involves negotiating a compensation agreement with the at-fault party’s insurance company or lawyer before going to trial. One of the main advantages of settling is that it can provide quicker compensation to the victim. Trials can be lengthy and unpredictable, often taking months or even years to reach a resolution. By settling, victims can receive their compensation sooner, which can help cover medical expenses, lost income, and other financial burdens resulting from the accident.
Another benefit of settling is the reduced stress and uncertainty associated with a trial. Litigation can be an emotional and overwhelming process, requiring victims to relive the details of the accident in front of a judge and jury. Settlements, on the other hand, usually involve private negotiations, which can be less intimidating for victims. Furthermore, settlements often allow for more control over the outcome, as victims can negotiate terms that they feel are fair.
However, settling also has its drawbacks. One significant concern is that victims may receive less compensation than they may obtain through a trial. Insurance companies often aim to minimize payouts, leading to initial offers that may be lower than what the victim deserves. If a victim accepts a settlement, they may waive their right to pursue further compensation for related expenses that may arise in the future.
On the other hand, litigating a case can potentially lead to higher compensation – especially if the case is strong and well-supported by evidence. A successful trial verdict may include damages for pain and suffering, emotional distress, and other non-economic losses that may not be fully recognized in a settlement. In addition, going to trial may serve to hold the at-fault party accountable for their actions, which can be important for some victims seeking justice.
An experienced personal injury attorney can provide valuable guidance in evaluating these options, helping victims make the best possible decision for their specific situation.
How a Lawyer Can Help Throughout Your Personal Injury Claim or Lawsuit
A skilled personal injury attorney can play a crucial role throughout the claims filing or litigation process, providing valuable assistance at each stage to secure fair compensation for the victim’s injuries.
- The first step a lawyer takes is gathering documents and evidence related to the case, including medical records, police reports, accident scene photographs, and witness statements. A comprehensive collection of evidence is vital for building a strong case and supporting the victim’s claims. The attorney knows which documents are necessary and how to obtain them, ensuring that nothing essential is overlooked.
- Once the evidence is gathered, the attorney will draft a settlement demand letter. This letter outlines the facts of the case, the injuries sustained, and the compensation sought. It serves as a formal request for payment to the at-fault party or their insurance company.
- After submitting the demand letter, the lawyer will engage in negotiations with the insurance company. Insurance adjusters often attempt to minimize payouts, so having an attorney who understands negotiation tactics is crucial. They can advocate on the victim’s behalf, countering low offers and pushing for a fair settlement. If negotiations succeed, the case may be resolved without going to trial.
- If the parties cannot reach a fair settlement, the attorney will guide the victim through the litigation process, including filing a lawsuit, preparing court documents, and adhering to legal deadlines. The attorney will represent the victim during all pre-trial motions and hearings, ensuring that their rights are protected.
- Should the case proceed to trial, the lawyer will prepare a strong legal strategy and present the case in front of a judge or jury. They will gather expert witnesses, present evidence, and argue the case effectively to maximize the chances of a favorable outcome.
- The victim’s lawyer may also suggest alternative dispute resolution (ADR) methods, such as mediation or arbitration. These options can be less formal and quicker than a trial, potentially leading to a satisfactory resolution while avoiding the stress of taking the case to court.
A knowledgeable personal injury attorney provides critical support throughout the claims-filing or litigation process, from gathering evidence to representing victims in negotiations or trials, ensuring that they have the best chance of receiving fair compensation for their losses.
Talk with an Experienced Personal Injury Attorney Today
If you suffered injuries in an occurrence that a negligent individual or entity caused, you should consult with a personal injury attorney in your area right away. Your lawyer can meet with you to discuss the accident circumstances, gather appropriate evidence, and estimate the likely settlement or verdict value of your case. Your lawyer can then set you on a course to maximize your compensation, either through a favorable settlement offer from the insurance company, jury verdict, or binding arbitration award.