Proving Personal Injury Damages

When involved in a motor vehicle Accident and you seek damages, this is an instruction the jury will hear.


Measure of Damages

If you find [any] [name of defendant] liable to [name of plaintiff], you must then decide the full amount of money that will reasonably and fairly compensate [name of plaintiff] for each of the following elements of damages proved by the evidence to have resulted from the fault of [any] [name of defendant] [party] [person]:1

  1. The nature, extent, and duration of the injury.
  2. The pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced, and reasonably probable to be experienced in the future as a result of the injury.
  3. Reasonable expenses of necessary medical care, treatment, and services rendered, and reasonably probable to be incurred in the future.2
  4. Lost earnings to date, and any decrease in earning power or capacity in the future.
  5. Loss of love, care, affection, companionship, and other pleasures of the [marital] [parent-child] relationship.3
  6. Loss of enjoyment of life, that is, the participation in life's activities to the quality and extent normally enjoyed before the injury.4

Each element listed above must be presented in evidence so the jury can make the correct award. Ever try to convince someone that you have pain when they cannot see the injury? Soft tissue injuries present that very problem. Ever try to convince someone that each trip to the doctor was reasonable and necessary? How do you prove loss of earnings if you are self employed.

These are just a few of the things you need to know and understand to present a winning and compelling personal injury law suit. We, at West, Longenbaugh and Zickerman pride ourselves on Big Firm Representation with Small Firm Caring to make sure your case is presented to a jury to get you the best result.

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