Regardless of the evidence used in a given personal injury case or the type of dispute that created the same case, all such cases have the same steps. Pursuit of those same steps leads to determination of liability, and to achievement of some form of resolution, most often settling.
The Location of a Settlement Varies
The opposing parties could settle at the end of negotiations. Sometimes 2 disputing insurance agencies reach an agreement. Personal Injury Lawyer in Markham knows that a judge or jury could issue a settlement at the close of a trial.
Following resolution of a claim, the size of the compensation that gets awarded to the winning side reflects the quality of the evidence.
Good quality witnesses would not favor either side, or hold any connection to either party. An eyewitness could qualify as an ideal source of valuable information. The preservation of physical evidence helps to ensure its quality. A photograph should capture any piece of evidence that cannot be moved, such as a tire track.
Video footage makes great evidentiary material. Video cameras can be found at stores, restaurants, parking lots, ATMs, and even at facilities such as nursing homes.
Other factors affecting size of compensation
In situations where the responsible party has failed to purchase insurance, the assets of the defendant could serve to determine the size of the compensation. There must be some method for transferring money from the defendant to the plaintiff/victim, whether that money comes from a salary, profits on a business, earnings from stock, or some other source.
Like the evidentiary material, the size of the damages differs from one claim to the next.
Proof of emotional of psychological damage would provide a claimant/plaintiff with a reason for demanding damages as compensation for pain and suffering. Keep in mind, though, that some jurisdictions have placed a cap on the amount of money that any plaintiff can request, after claiming damages that have resulted from pain and suffering.
Most damage claims reflect the nature and extent of the victim’s injuries. However, that same relationship does not apply to punitive damages. The judge that had overseen a trial that was based on a personal injury claim would have the right to decide whether or not the defendant should be hit with a certain level of punitive damages.
Before asking any defendant to come up with the money for that monetary punishment (What the legal system calls punitive damages), A judge would study the nature of the defendant’s behavior. Evidence of egregious behavior could push a judge to add to a defendant’s financial burden by adding to the damages.
Judges that use their authority in that way often hope to limit chances for repetition of an outrageous act.
