Seeking damages following a bike accident can be difficult because insurance companies try to avoid awarding a client damage compensation. It is important to have a DC bike accident attorney who is experienced and who can explain to the injured party the many facets of their case. Additionally, a lawyer who has experience will know reliable expert witnesses they can call upon to help support a client’s claim.
An economic cap refers to a statutory cap or limit on the amount of damages a jury can award for economic damages. In some states, the legislature has enacted laws that cap or limit the amount of damages a jury can award in a bike accident case. In a typical DC bike accident case, there is no cap on economic damages. In a wrongful death claim, the District of Columbia by Code Section does not allow for grief. Therefore, this is a form of cap on damages, but only in wrongful death claims scenarios.
Economic damages are a certain portion of damages awarded in civil personal injury cases. In a bike accident case in DC, the only compensation available to the injured party is a financial judgment. Economic damages are one portion of that judgment in a successful case.
Economic damages typically refer to medical bills and expenses incurred as a direct result of the incident. Economic damage can also include lost wages and any other objective bills incurred as a result of the injury. In the District of Columbia, there are no economic caps on damages.
Economic damages are typically established in two ways. First, is the use of an expert witness to testify of the fairness and reasonableness of the medical bills incurred by the plaintiff. Additionally, the expert witness will offer his or her opinion that the medical bills were incurred as a direct result of the incident that gives rise to the civil case. Once the appropriate foundation has been laid for the expert witness, a DC bike accident attorney can move into evidence the medical bills through the expert witness at trial. At that time the medical bills will be introduced into evidence and be disclosed to the jury.
Non-economic damages are a more subjective portion of compensable injuries in a civil lawsuit in the District of Columbia. Non-economic damages are less definable than economic damages. A typical example of non-economic damages in a civil personal suit is often referred to as pain and suffering or inconvenience.
These are more subjective complaints made by the plaintiff. It is a DC bike accident attorney’s job to elicit testimony from his or her client for the jury to understand the nature and extent of injury sustained by the plaintiff, as well as how the injuries have affected his or her well-being and day-to-day life.
The best evidence to establish non-economic damages is through the testimony of both the injured person and anyone close to the injured person, who can testify as to how the injured person was living his or her life prior to the accident and how the incident has affected the injured person’s day-to-day life following the accident.
Typically, this corroborating testimony is offered through a close family member, such as a spouse or adult child. It is the job of the attorney to work with his or her client on the requisite testimony and evidence that will enable a jury to understand how the injury has affected his or her life, well-being, and day-to-day life.
Punitive damages are another category of damages that are available in a small class of cases. Punitive damages are awarded rarely and in a very small percentage of cases, so it is important to hire a DC personal injury attorney to evaluate any particular case and determine whether or not that case would qualify for an award of punitive damages.
Punitive damages are calculated by the jury in rendering its decision must be based upon the requisite finding of proof that allow for a jury to award punitive damages. The factors used in awarding punitive damages depend upon the facts and circumstances of the individual case, how the incident occurred, the nature of the injury sustained, among many other factors.
A bike accident lawyer in the District of Columbia will handle a punitive damage case based upon the facts and circumstances of that individual case, and present the necessary evidence and testimony to establish punitive damages, if punitive damages are allowed in that particular circumstance.
The “cap on damages” is a common phrase used to describe a legislative limit on the amount of damages a jury can award in any individual case. A person should retain the services of a personal injury attorney to evaluate that individual claim and determine whether or not any economic cap would apply to that individual case. In a typical civil case involving personal injury, a jury in the District of Columbia can award the amount of damages it deems appropriate based upon the evidence presented at trial.
The advantage of living in a state where there is no economic cap is that if a person sustains a catastrophic injury, that injured person does not have to worry about an economic cap limiting his or her recovery. Thus, someone who has sustained a catastrophic injury has a better chance of being properly compensated for his or her injuries compared to a person living in another jurisdiction where an economic cap may limit the recovery in his or her claim.
It is important for anyone who has been injured in a bike accident to contact a DC bike accident attorney, because the attorney has the knowledge and experience to maximize the recovery of the injured person. This would include presenting the necessary evidence and testimony to ensure the jury understands how the person has been injured and how those injuries have affected his or her life.
