When someone has been injured, they understandably want to know what their personal injury case is worth. No attorney can tell a client exactly what a future settlement would be since each case is unique and future events impact the final outcome. However, an experienced personal injury attorney may be able to provide a ballpark estimate based upon previous settlements.
Several key factors determine final settlements.
You’ve undoubtedly heard the old saying, “You can’t get blood from a stone.” If the defendant has no personal assets and is not backed by an insurance company, a high settlement can’t be paid even if the defendant is 100% at fault.
Damages a successful plaintiff (injured person) could be compensated for include:
Other financial losses
Pain and suffering
Punitive damages if the defendant’s actions were intentional or grossly negligent
The plaintiff must have a strong case proving the defendant’s liability for the injury. As witnesses are deposed and additional facts are revealed, it becomes easier to foresee the final outcome. Many cases are settled before trial. However, an experienced attorney from Wandres Law will be fully prepared to go to trial if there hasn’t been an acceptable settlement offer.
Oklahoma follows the “modified comparative fault” rule. An injured party must be less than 50% responsible for the accident in order to receive compensation. Also, damages will be reduced by the percentage of fault of the plaintiff. If the plaintiff is judged 10% at fault, the settlement will be reduced 10%. One of your attorney’s most important jobs will be preventing the insurance company from proving you were 50% or more at fault.
The team at Wandres Law has the experience, knowledge and dedication you need after a serious injury. Martindale-Hubbell has rated the firm “Preeminent” for ethical standards and legal ability. Call 800-ASK-WLAW today for a free consultation.
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