The Essentials Of Proving Damages In Personal Injury Cases
Filing a personal injury case is a big first step, but there are many other considerations to keep in mind as you pursue your personal injury claim. This is especially true when it comes to identifying strong evidence that links the damages you are asking for to the accident or event in question.
A personal injury law firm is your best ally when you are trying to determine exactly what proof is required to support every aspect of your personal injury lawsuit. From the moment you make the claim with the insurance company until you reach a settlement or go to trial, an experienced personal injury attorney will help you identify the evidence you need to support your claim.
It Is The Responsibility Of The Plaintiff To Provide Evidence In Personal Injury Cases
In addition to establishing fault or negligence, personal injury cases are a means for victims to reclaim expenses and other damages—like lost wages or pain and suffering—after an accident or event. However, in order to receive compensation via a settlement or a jury’s award, the plaintiff must prove both that the defendant is at fault for all or a percentage of the damages AND that the damages requested were caused by the accident.
In California, a plaintiff in a civil case has the “burden of proof.” Unlike criminal cases, where proof must be shown “beyond a reasonable doubt,” plaintiffs in personal injury cases must prove their case by presenting evidence sufficient to establish that their version of the liability and damages are more likely to be true than untrue.
Failure to sufficiently prove, with evidence, that you were injured as a direct result of the accident (or that the defendant caused a wrongful death) or provide reliable evidence of the actual financial cost of your damages can derail your case.
Proving damages is not always straightforward. A skilled personal injury attorney can help educate clients about what damages are recoverable and how to support the claim for such damages with actual evidence (rather than speculation).
What Are Damages?
‘Damages’ is a legal term referring to "...all of the damage a plaintiff has sustained or is otherwise entitled to claim.” There are various types of damages, including:
- Economic damages.
- Non-economic damages (a.k.a. pain and suffering).
- Exemplary or punitive damages (these damages are paid to victims as a way to punish the party who was negligent. For example, companies are often hit with exemplary damages when the plaintiff’s actual damages may not be enough to impact the responsible party. These damages are designed to deter the defendant and others from repeating the act/negligence.)
When you work with an attorney, they will guide the plaintiff in collecting verifiable evidence that establishes that the defendant was negligent and that the damages being claimed were caused by the defendant’s negligence. Courts determine negligence or fault by evaluating four key elements:
- Duty of care.
- Breach of duty.
- Causation.
- Damages.
That said, the proper presentation of evidence establishing each of these 4 key elements is essential.
Consult With A Personal Injury Attorney Early On
The sooner you consult with a personal injury lawyer, the better. In addition to determining whether or not you have a viable claim, early contact with attorneys keeps you on a forward-moving timeline. Most personal injury cases are bound by statutes of limitation, which generally means you have to file your case within the first two years after the event. Certain types of personal injury claims (e.g., medical malpractice claims and claims involving governmental entities) have even shorter limitation periods, which increases the importance of consulting with an attorney early on.
Once we agree to represent you, our team will immediately set the case in motion, assembling the documentation, medical records, accident/incident reports, expert opinions, witness testimony, etc., that prove negligence and provide a clear picture of the total past and future damages.
Together, we will make sure:
There is clear evidence that what you are saying is accurate and can be proven
Evidence for personal injury cases varies depending on the type of incident leading to the injury or wrongful death.
In most cases, this will include things like:
- Photos of the accident scene.
- Third-party assessment of vehicle damage, which can demonstrate how an accident occurred and point toward who bears what fault
- Medical records
- Witness testimony
- Expert witness testimony
- Lost earnings documentation
- Projections of future lost wages, which may also include the financial damages associated with the loss of other employer benefits such as medical insurance, retirement, etc.
- Testimony regarding your pain and suffering, a broad category that includes everything from compensation for physical suffering as well as testimony describing the ways in which your injuries affected your quality of life, psychological well-being, intimacy in partnerships, the ability to actively parent, etc.
- Proof of property damage.
- Future medical care, rehabilitation, and therapy costs are projected by industry professionals
The presentation of this information must be well organized and clearly presented. Both visual and audio testaments help connect an insurance adjuster and a jury to your experience and the toll it has taken—and may continue to take—on your health and quality of life.
The Outcome Of A Case Depends On The Quality Of The Evidence
The quality of the evidence presented can make or break the outcome of your case. High-quality evidence includes:
- Actual financial numbers derived from invoices, bills, receipts, or projected numbers that have been calculated by industry professionals (estimates are not reliable enough).
- Presents realistically without overdramatizing the claim
- Includes input from experts and professionals that minimize the ability to be picked apart by the defendant’s lawyers.
- Evidence that the injuries you suffered are directly related to the accident and not preexisting (this is one of the primary reasons it is so imperative to seek immediate medical treatment when involved in an accident).
Court cases are time-consuming and costly. It is for this reason that so many insurance companies prefer to remain out of court whenever possible. In many cases, your personal injury lawyer’s organization and presentation of clear, high-quality documentary proof of your claim are enough to keep a case out of the courtroom. If the case does go to trial, your attorney will do all of the work when it comes to:
Securing expert and witness testimony when proving damages in personal injury cases
Having expert witnesses testify and answer questions is often determinative in cases. Separate from your version of events or testimony from family or even bystander witnesses, expert witnesses provide third-party, objective opinions regarding a claim. Most experts want to maintain reputable reputations throughout the legal community, so they are honest and forthcoming with their statements. However, some experts truly are hired guns who will testify in line with the party that is paying for their opinion. An experienced personal injury lawyer will be able to elicit these motives on cross-examinations, thereby discrediting the expert’s opinions and bolstering their own client’s case.
Visual representations
Humans are visual creatures, which makes visual representations of the accident and damages extremely helpful in demonstrating what happened or how a client was affected. These visual exhibits can include accident simulations, actual photo/video evidence, charts, diagrams, or other illustrations that can help paint a picture of the events and their outcomes.
Burneikis Law Tackles The Essentials Of Proving Damages In Personal Injury Cases
Burneikis Law was founded on the basic principle of providing quality representation with careful consideration of each and every client. If we determine our firm is a good fit for your case, we will go the extra mile to gather all the essential evidence necessary to prove the damages you suffered as a result of your accident. We can also help ensure you get the medical, rehabilitative, and therapeutic support you need by referring you to some of the Bay Area’s most reputable clinical professionals. Contact us to schedule a 30-minute, no-obligation consultation to see how we can support you.
