Someone who is injured due to another’s negligence can seek compensation through a personal injury claim. The most recurrent outcomes of a personal injury claim and the awarded elements will be described in this article.
The plaintiff let’s go of the case
There are times when a plaintiff will lose confidence in their case and believe that they will not win, or that their case is not worth to be extended. Dropping a case can be due to many reasons, but nonetheless, if the plaintiff drops the case, these would be the results:
- There would be no compensation for the damaged party: The injured party gives up their rights in being compensated
- Attorney fee’s might have to be paid by the damaged party: This depends on the agreement made between the plaintiff and lawyer.
- The other person’s costs may need to be paid by the person who dropped the case: If there was no mutual agreement, the plaintiff can be made to pay the costs of the defendant.
- If the injured party changes their mind later on, they might not be able to make a new claim: If there was prejudice involved, or the statute of limitation period is over, then the plaintiff may not be able to make a new claim.
The case doesn’t reach trial because it is settled before
The vast majority of cases tend to never even make it to trial. Approximately 95% of cases will end with a settlement before making it to trial. Within the settlement, it would be written how the plaintiff chose to drop the case for financial compensation from the defendant. The settlement would have to be presented to a judge.
Even if a personal injury claim may be the same for two people (both were victims of a car accident), the settlement agreements are never alike. In retrospect, settlements contain:
- Finances for past, present, and future medical treatment
- If employment was affected, wages that were lost are covered
- Property damage, such as replacement or repair coverage
- Pain and suffering awards
The plaintiff wins the case
Winning the case for the damaged party will result in a compensation for their harms such as, property damage, pain and suffering, medical costs, and loss of financial earnings. If it was an injury from a malpractice, the physician can end up losing their license.
The defendant wins the case
If this happens, the plaintiff will have to pay for the defendant’s taxable costs which include:
- Filing fees
- Service of proves fees
- Fees for any witnesses
- Attorney statutory fees
There is an appeal in regards to the verdict
There is a total of 30 days to appeal a decision, whether it is the plaintiff or defendant that wants to. Despite of that, proving to the appellate court that there was a mistake in the courts decision can be a tad difficult if their appealer does not have strong enough proof. They would decide to either remain with the previously made decision, or overturn it. It is always imperative you seek out the help of a professional personal injury attorney in Miami.
