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Jury Instructions for Property Damage D.C. Auto Accident Lawyer

May 03, 2021


 

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Posted in Personal Injury Lawyer

Jury Instructions for Property Damage D.C. Car Accident Attorney

In cases involving damage to real and personal property, Chapter 15 of the Washington, D.C. Jury Instructions guide jurors in their deliberations. 

Before diving into the instructions, let’s cover some terminology: 

    • Real property: fixed property, like land and buildings
    • Personal property: anything other than real estate, like vehicles or electronicsIn car accident cases, property damage can be part of the settlement.
    • Fair market value: the price the would result from a fair negotiation
      • The fair market value is determined in part by age, condition, and depreciation.

The plaintiff should be reasonably compensated for injuries to personal and real property. However, this is contingent on reasonable reparability. If the cost to repair an item is reasonable, then that amount should be awarded. If, however, the cost to repair the item is unreasonable, a different calculation is used. 

If the cost of repair is greater than the loss of value, “then you should award the plaintiff only an amount equal to the difference between the fair market value of the property immediately before the damage and its fair market value in damaged condition.”

In simpler words, let’s say someone else’s negligence caused a crack in your phone and damaged the battery:

    • Value before the accident: $1000
    • Value after the accident: $700
    • Cost of repair: $500

The cost of repair is more than the loss in value. The instructions tell us that the award should be for $300 (value before the accident minus value after the accident). 

The same rules discussed above apply to real property. 

jury instructions property damage d.c. personal injury lawyerThere are some caveats: if the person has a special reason for restoring the property, the jury has the right to award more than the loss of market value; if there is no market value after the incident, then the award should be equal to the fair market value immediately before the accident, minus the value of salvage or scrap metal.

The rest of the instructions cover lost property, and lost use of property. 

Finally, for the loss of used household goods or clothing, the amount awarded should be for the actual value to the owner, not necessarily the fair market value. The actual value to the owner is a reasonable value the item had to the owner (based on the nature and condition of the goods, and the purpose to which they were adopted and used). If, in an accident, an old family relic (that has no value on the open market) is damaged, its special value to the family will be accounted for in any settlement. 

If you or a loved one has been injured in an accident, you may be entitled to compensation. Contact the attorneys at Cohen & Cohen today for a free case evaluation. 

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Kim Brooks-Rodney settled my mother's case expeditiously, with great patience and sensitivity and won us a magnificent settlement. I can't imagine that a better personal injury lawyer exists. I highly recommend her and her firm, Cohen & Cohen. They are undoubtedly the best of the best.
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This law firm was great and Nicole did a wonderful job on my case. Keeping me updated along the way with any changes or information really kept me at ease. I would recommend them over and over again!
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Glorious glorious , Nicole and her firm are the best . Treated me with kindness.
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David junior COLY
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Nicole was great in assisting with my case. Thank you so much
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Kenneth Distance
80 days ago
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Ms. Skibicki handled my uninsured motorist claim exceptionally well. She understood the importance of balancing justice and compensation from those involved in the dispute. She fought for a fair settlement and genuinely listened to my concerns and complaints about the process, showing empathy throughout. She thoughtfully explained the pros and cons of pursuing further litigation if I was not satisfied with the offer, and she gave me ample time to make a decision that felt right for my situation. I never felt pressured to accept an offer that didn’t meet my needs. If I need legal assistance again, I would choose Cohen and Cohen and specifically request Ms. Skibicki as my attorney.
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Siayre Nichols
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I had Ms. Nicole handle my case and she was amazing! One of my biggest worries was having a lawyer who wouldn’t take my case seriously, but Ms. Nicole was went to bat for me and did an excellent job. I really appreciate you, Ms. Nicole!
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maraki solomon
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I had an excellent experience with Cohen & Cohen from start to finish. My lawyer was professional, responsive, and genuinely cared about my case. They explained everything clearly, kept me informed throughout the process, and made what could have been a stressful experience much easier to navigate. I truly appreciate all of their hard work, dedication, and support. I highly recommend Cohen & Cohen to anyone in need of a personal injury lawyer
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Christopher Ruiz
103 days ago
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Fantastic firm. The attorneys resolved my case with clear communication and genuine determination to see that I would be left in the best position possible. Special kudos to Nicole Skibicki for pushing through the finish line.
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Meredith Stasa
104 days ago
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I retained Cohen & Cohen after I was struck by a car and fractured my spine. Adam was kind, knowledgeable and truly an advocate throughout the entire settlement process. He was incredibly responsive to my calls, emails and texts, and always took the time to explain how parts of the admittedly complex process worked with insurance, etc. Adam was able to secure a settlement of the offender's maximum policy limit, and the process was completed within a year. 10/10 recommend!
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Nini Da Silva
109 days ago
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I rarely write reviews, but this experience was truly worth sharing. Cohen & Cohen exceeded my expectations throughout my case. Nicole Skibicki, Esq. was an outstanding attorney who demonstrated professionalism, compassion, and genuine care from start to finish. She took the time to listen whenever I needed to vent about my situation, and her empathy made a difficult process much more manageable. Nicole was a strong advocate on my behalf and worked diligently to ensure that I received a fair settlement from the insurance company. I always felt informed, supported, and confident that my case was in capable hands. I highly recommend Cohen & Cohen to anyone seeking a personal injury or accident attorney. If you want experienced legal representation, exceptional client service, and a team that truly cares about achieving the best possible outcome for you, this is the firm to choose. Thank you, Nicole and the entire Cohen & Cohen team, for your dedication and outstanding work!

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