Two major factors in deciding the value of any automobile accident case are liability and damages. Damages, which we’ll discuss in a later post, include things like medical bills, lost wages, pain, suffering and incapacity.
Liability is used (often incorrectly) by lawyers to refer to negligence. In some cases, lawyers might tell the judge or jury that they have conceded liability, which is taken to mean that the defendant admits to being negligent. Technically, if a driver is liable, he was negligent, and his negligence caused damages. However, in some cases, a driver may admit negligence, but argue that his negligence did not cause damages.
So, though lawyers sometimes use the terms liability and negligence interchangeably, we’ll use the correct term “negligence.” Negligence is simply a fancy way to describe fault. A negligent driver is one who caused the accident–it’s as simple as that.
So, why is negligence important in determining the value of your car accident case? Why is it important in your ability to get an accident settlement, or to convince a judge or jury that you were wronged? The reason is that a case with clear negligence is a simpler case–the only thing you need to prove is causation and damages (that is, you have to prove the at-fault driver’s actions caused your injuries). A case with clear negligence is usually a winner, and the only issue is how much you will win.
Continue Reading ››
Value of Your Auto Accident Case
Posted on April 15, 2014 in Automobile Accidents
One question common to all Maryland auto accident victims is “what is my case worth?” It’s a simple question with a complicated answer–so complicated, that we’re going to spend the next seven or so blog posts breaking it down for you.
Here’s the outline of what we’ll cover:
- Liability (how easy is it to prove that the other driver was negligent and you were not)
- Economic damages (the total of your medical expenses, property damage, and lost wages)
- Non-economic damages (your pain, suffering, inconvenience, and aggravation, etc…)
Continue Reading ››
TAKE PHOTOS OF THE ACCIDENT
Posted on April 10, 2014 in Automobile Accidents
With smartphones everywhere, Maryland accident victims have the ability to record and document almost every aspect of an accident, almost in realtime. It’s no surprise that witnesses in auto accident cases are scarce, negligent drivers frequently lie about what happened, and testimony in at trial is inconsistent. So what’s a judge or jury to do?
Ideally, the judge or jury will have the opportunity to look at the vehicles, the accident scene, and overhead maps of the collision site. People involved in a collision should take pictures of their cars, the other driver’s cars, and important landmarks that show where the accident occurred. Those photographs should include close-up shots, and wider views (you’d be surprised how hard it is to determine what a narrow angle shot shows). Pictures of the damage are important, but so are pictures of non-damaged areas.
What do these photos show? They can help a judge or jury to determine the exact area of impact, that is, where the cars came into contact. This can be crucial to determining who was at fault. They can help to show how bad the collision was. To be fair, though, the extent of damage does not always correlate with actual physical injuries. We’ve all seen people walk away unharmed from serious accordion-style wrecks; and we’ve also seen people require multiple surgeries from mere “bumper-tap” cases. But, high damage will almost always help in an effort to secure damages.
Continue Reading ››