After a serious accident, what should I do to protect my rights?

After a serious accident, it is very important to record and preserve the evidence of the accident. Take pictures at the scene and also carefully and completely photograph all bodily injuries, not only immediately after the accident, but progressively over time to show the healing process. Wrecked vehicles or equipment should be stored, rather than repaired, destroyed or sold. Defective products should be maintained in their original condition, with all packaging and any enclosures, such as booklets or pamphlets. Keep an accurate diary of your day-to-day activities after the accident. Keep receipts of everything and maintain a calendar of events that will help you recall later the days you could not work, were unable to enjoy your leisure time or spent time with the doctor or physical therapist, etc. Seek out and obtain the best medical care available.

What do I do when the insurance company for the other side calls me?

Politely refuse to speak to them. Insurance companies' claims adjusters are hired for one purpose - to protect the financial interests of the insurance company. They are not hired to make sure that an injured person obtains fair compensation, and this is true no matter how nice or sincere the adjuster seems. Never give an oral statement to the other side's insurance company.

What happens in a typical personal injury lawsuit?

An attorney prepares and files a Complaint and Summons, which is delivered to the defendant. Months before a trial begins, the attorneys for both parties have an opportunity to conduct discovery, the process by which each party obtains facts, documents and information from the opposing party. The judge may also hold a pretrial conference, which is an informal hearing where the judge considers the issues and witnesses to be presented, and predicts the length of the trial. The trial begins with the selection of the jury through a process referred to as a "voir dire." During this time, attorneys ask questions of potential jurors and either remove or keep members of the jury pool in an effort to assemble the best group of individuals to hear and decide your case. After jury selection, an attorney for each party presents an opening statement that summarizes his or her client's side of the case. Your side of the case will be presented first because you were the person who initially filed the complaint. The defendant will then have an opportunity to present his or her view of the case. At the close of all the evidence from both parties, each party's attorney makes a closing statement summing up the evidence and pointing out any failures of the opposing side to prove certain contentions. The judge will then instruct the jury on the burden of proof and how it should be applied to your case. The jury will deliberate, weighing all the evidence and facts of your case to reach a verdict. Jury deliberations can take anywhere from several hours to several days. Once the verdict is reached, the jury members return to the courtroom to announce their decision. This is the point at which the trial ends.

What is a deposition?

A deposition is a proceeding in which any party or witness may be asked questions under oath. The witness' sworn testimony is recorded by a court reporter. Sometimes the deposition may be videotaped. The deposition may then be used at trial if a witness is not available or gives inconsistent testimony at the trial.

Will I have to give a deposition?

In virtually every serious personal injury case, the plaintiff will be required to give their oral deposition. People with knowledge of relevant facts may also be required to appear. This may include family members or co-workers.

What types of damages can be obtained in a personal injury lawsuit?

If the jury finds the plaintiff is entitled to a verdict against the defendant, the jury will award the injured party damages (economic and non-economic) in an amount that will reasonably compensate the plaintiff for the harm caused by the accident. The term "economic damages" means objectively-verifiable financial losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities. The term "non-economic damages" means subjective non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, humiliation and injury to reputation.

How does the jury decide the amount of the award?

The amount of a jury award in a personal injury case (including economic and non-economic damages) will usually include: The reasonable value of medical care, services and supplies reasonably required and actually given in the treatment of the plaintiffs up to the present time, and the present cash value of the reasonable cost of similar items reasonably certain to be required and given in the future. The reasonable value of working time lost-to-date is also included. In determining this amount, the jury will consider evidence of plaintiff's earnings and earning capacity, how they ordinarily occupied themselves, and determine what was reasonably certain to have been earned in the time lost if there had been no injury. One's ability to work may have a monetary value even though that person is not employed by another. The reasonable value of services performed by another in doing things for the plaintiffs which, except for the injury, plaintiffs would ordinarily have performed, is often included in the award. Also included is the present cash value of the plaintiff's future earning capacity lost as a result of the injury and reasonable compensation for any pain, discomfort, fears, anxiety and other mental and emotional distress already suffered by the plaintiff because of the injury, plus future suffering from the same injury.

What will the jury consider in making an award for pain and suffering?

No definite standard or method of calculation is prescribed by law by which to fix reasonable compensation for pain and suffering nor is the opinion of any witness required as to the amount of such reasonable compensation. In making an award for pain and suffering, the jury is required to exercise its authority with calm and reasonable judgment and the damages shall be just and reasonable in the light of the evidence.

How does a jury determine the amount to be awarded the plaintiff in a wrongful death case?

If the jury finds the defendant at fault in causing a death, the jury will award damages to compensate each heir for losses suffered by reason of the death. In determining such loss, the jury may consider the financial support, if any, that each of said heirs would have received from the deceased except for such death, and the right to receive support, if any, that each of said heirs has lost by reason of such death. The right of one person to receive support from another is not destroyed by the fact that the former does not need the support, nor by the fact that the latter has not provided it.

When are punitive damages awarded?

If the jury finds that the plaintiff suffered damage as a result of the conduct of the defendant, the jury may then consider whether it should award punitive damages against the defendant for the sake of example and by way of punishment. The jury may, in its discretion, award such damages if the jury finds by clear and convincing evidence that said defendant was guilty of either oppression, fraud, or malice.

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