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Lakeland Family & Divorce Attorney / Blog / Personal Injury / Do you know how to prove damages in your case?

Do you know how to prove damages in your case?

Much of the focus in a personal injury claim is on proving liability. This is certainly a key component of your case, and you can’t succeed without showing that the defendant was negligent and that his or her negligence caused your accident and injuries. That’s why you need to diligently work to gather evidence of the defendant’s negligence, such as by gathering police reports, witness accounts, and speaking with experts such as those who conduct accident reconstructions.

However, as you progress with your claim, you can’t overlook the importance of proving your damages. After all, even if you impose liability, a poorly presented case for damages can leave you with an anemic recovery that forces you to continue to struggle to recover your pre-accident life. That’s a scary prospect, and one that you should try to avoid at all costs.

So, what can you do to support your argument for damages?

  1. Seek out the medical treatment that you need and that has been recommended by your doctor. This will create a paper trail of your incurred and anticipated medical expenses and rehabilitation costs. Remember, your medical professional may be a strong expert witness in this regard.

  2. Calculate your lost wages and retain any records that show your rate of pay and the time that you’ve been forced to take off of work.

  3. Speak to your doctor and an employment professional to determine how your injuries will affect your ability to work in the future. Consider any lost earnings capacity, too.

  4. Secure expert witnesses who can speak to the extent of your damages. Your doctor can probably give the judge and jury a clear sense of your prognosis and your need for future treatment, and an expert in your occupation may be able to attest to the lost earnings capacity mentioned earlier.

  5. Keep a daily journal where you can notate how your injuries make you feel and the limitations they have imposed on your life. Be thorough and detailed here, as this can serve as the basis for your argument for non-economic damages like pain and suffering and mental anguish.

  6. Talk to witnesses who can speak to your non-economic damages. This may include your family members whom you’ve struggled to support and who have witnessed your hardships, as well as friends and co-workers who have seen how your injuries have affected you.

By taking these steps, you can begin to gather the evidence that you need to present the judge and jury with a clear picture of the harm that has been caused to you. Hopefully then you’ll find yourself better positioned for a full recovery and you can turn the page on this tragic chapter of your life.

Secure the legal assistance that you need

We know that navigating a personal injury case can seem stressful, especially since you’re just trying to get by on a daily basis while you focus on your recovery. But as daunting as the process can be, it’s not one that you have to face on your own. Instead, a personal injury attorney can help guide you through the process and gather the evidence that you need to support your claim. This may include seeking out an accident reconstruction, obtaining your medical records, and securing and preparing expert witnesses for testimony.

The future may seem bleak right now, but there is a brighter future ahead of you. Consider letting a law firm like ours bring that prospect into reality.

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