Proving Damages in the Home Stretch is Winning Car Wreck Cases
After you have successfully proven the negligent defendant caused the breach of the duty of care he owed you while he was behind the wheel of his auto, which then hit you, you’re heading into the home stretch. One more step and you’ve successfully made a strong case in your civil damage lawsuit.
It’s now time to prove the number of damages the defendant (or defendants) owes you. The term “damages” isn’t limited to just your injuries and the bills that must be paid. It’s a broader legal term that refers to the entire monetary value of your physical injuries and financial involvement (the total sum of money) you hope to recover from the defendant after you’ve won your case. Damages might also include physical pain and suffering, psychological scars arising from your injury, lost wages as a result of your inability to work, loss of future income if your injury leads to any form of disability. Damages may include repair or replacement bills to your auto and any items of worth that were destroyed in the wreck. If the plaintiffs are the surviving family members of one who was killed in the car wreck, wrongful death damages are involved as well. Funeral expenses, pain, and suffering experienced by the family due to the loss of that loved one, and the future income that the family member would have earned may also be included in the claim. To prove what you’re entitled to collect, you and your attorney must accurately calculate what you’re owed and provide evidence of the extent of your injuries and losses to support your monetary claim.
Damage amounts are typically the most contentious portion of a car wreck injury case. Defendants calculate how much they think they owe accident victims just in case the jury finds that they were responsible. And they usually retort that they owe you much less than the amount you claim. They also might accuse you of “asking for a handout,” or claim your requested amount is excessive, relative to traditional payouts in similar cases. They also might claim your lawsuit is frivolous and – based on your damage amount – seek immediate dismissal, citing excessive damage requests. You must clearly show the jury that your requested damage amount is realistic and proportional to the actual harm the defendant has done to you, along with any of your vehicle’s passengers at the time of the accident. Claiming your damages are unreasonable is usually the last gasp for the defense. You must finish your case strongly by presenting clear evidence that illustrates your losses, and corroborates the actual amount of your damages.
Determining full damage amounts is as essential as the other three burdens of proof since you have only one chance to receive fair compensatory damages from any single negligent defendant. Since you’re in the home stretch of your case, computing every single loss is now most important. It can be challenging unless you have an experienced car accident attorney like those with our Law Firm, who knows the value of personal injury losses and how to calculate them effectively.
How do you put a price tag on an intangible loss such as pain and suffering, or that of your child?
In calculating the loss of earning capacity, how do you account for hypothetical raises and promotions you would have received had you continued to work, or gotten a promotion, or were hired away by another company with a hefty increase in salary? How can you calculate the value of all of your medical bills if your treatment is not yet complete, and your doctor can’t tell how long it will last? An experienced auto wreck injury attorney knows how to account for and calculate every one of your damages, and make sure that you will recover as much as reasonably possible for your injuries and other financial losses from the car wreck.
The time after being seriously injured in a car accident is often stressful and confusing to the victims and their families. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case or represent yourself when you are unqualified to look out for your or your family’s best interests. We are uniquely qualified and fully prepared to fight for and win the fairest compensation for your total damage claims. If you or someone you know was injured in a car accident, contact an attorney at our Law Offices today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.