When you have been injured due to another individual’s negligence, and you are considering filing a personal suit, you may be interested in knowing how personal injury compensation is determined. Personal injury compensation depends on a number of different factors and what follows is a brief explanation of how these factors are used in determining how much you will be compensated for your damages.
Who Decides How Much Compensation I Get?
It is a commonly held misconception that when you file a personal injury lawsuit, the judge decides your case. But, unless the case is tried to the bench in what is called a “bench trial,” it is usually a jury who will decide not only if you will prevail in your lawsuit but also how much you will be compensated.
Regardless of whether a jury or judge decides your case, the foundation of any personal injury claim is the evidence presented by the claimant. After all the facts have been reviewed, the judge or jury will analyze this evidence with respect to the law. Then, to the extent that the facts corroborate your claim, they will make an award that is appropriate to compensate you fairly for your injury.
The process is as follows:
- A lawsuit is initiated by filing a complaint for damages, which is a written document that includes your claims and how much money you are seeking to receive in compensation.
- During the litigation period, information is exchanged between the parties in the lawsuit. This step often requires you to give a deposition, which simply means having your testimony recorded under oath for later use at trial.
- Once the case goes to trial, the evidence will be presented to the court and the jury will weigh contested issues of fact and decide which evidence they find credible.
- Finally, if you prevail, the judge or jury will decide how much to award you.
How Much Compensation Will I Receive?
The amount you are ultimately awarded will be a combination of both economic and non-economic damages. Economic damages are based on fixed values. For instance, if your vehicle was totaled during a collision and the Blue Book Value is $5000 dollars, it would be easy for the jury to award you $5000 for your vehicle.
Non-economic damages are more complicated to determine. Non-economic damages include pain and suffering, loss of enjoyment of life and the loss of a loved one. The judge or jury has the difficult job of placing a value on what many consider to be incalculable losses, which in turn makes it more difficult to determine the total amount of compensation to be awarded.
Free Consultation: Sapulpa Personal Injury Lawyer
If you have specific questions regarding how the Oklahoma civil justice system works or how your personal injury compensation is determined in Oklahoma, contact an experienced personal injury attorney who can evaluate how much your claim might be worth, or how much a particular type of injury may be worth given the circumstances of your case.
If you would like a free consultation with an Oklahoma attorney or Tulsa lawyer regarding a personal injury, call the Wirth Law Office – Sapulpa at (918) 213-0950 immediately. You only have a limited amount of time to file a claim if you’ve suffered a personal injury.