She never saw it coming. A one-ton pickup ran a red light and plowed into her subcompact at an intersection, destroying her car — and her plans — in an instant. “Amy’s” crash caused devastating injuries, multiple surgeries, and ultimately the loss of a leg that couldn’t be saved. On top of the pain came the reality of the legal fallout. She knew she couldn’t handle it alone, so she called a personal injury lawyer.
Determining Fault
A personal injury lawyer knows the law and the elements needed to prove your damages — and the most important issue is showing that the defendant was at fault. In a case like Amy’s, fault (also called liability) is more straightforward than in many cases: her lawyer determined that responsibility lay solely with the other driver. That let the lawyer negotiate a settlement with the at-fault driver’s insurer and spare Amy the rigors of a trial. The only remaining question was the amount of her damages.
Damages in a Personal Injury Claim
The losses a person suffers from an accident are called “damages.” A serious crash can add up to tens of thousands of dollars in medical bills — but those are only part of the picture. Damages typically also include:
- Lost income from missed work
- Property damage to your vehicle and other belongings
- Pain and suffering
- Mental anguish and emotional distress
- Lost opportunity — recoverable if you can prove a lost business opportunity
- Loss of consortium — the loss of love and companionship if a loved one dies, and the damages a spouse is owed when the relationship is affected by an injured partner’s inability to share chores, activities, and intimacy
Settlement vs. Lawsuit
Consulting a personal injury lawyer doesn’t automatically mean your case goes to trial. An experienced attorney is also a skilled negotiator — in Amy’s case, her lawyer negotiated a settlement with the insurer that compensated her for all her damages without a lawsuit. Not every case can be settled without trial, but many can.
A serious injury can tear through your life like a tornado, destroying your health, your job, your finances, your relationships. With a skillfully negotiated settlement, you can begin to rebuild and find the calm you’ve lost.