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Three key considerations to proving accident damages

If you’re reading this blog post, then you may well know the devastation that a catastrophic injury can have on an individual’s life. A victim can be left with physical limitations that impede his or her ability to live a normal life and engage in the activities that he or she loves, and the pain and suffering can be unbearable. The emotional toll can be cratering, too, leaving victims uncertain of their future and depressed about their current circumstances. The financial damages are severe, too, adding to the stress and uncertainty that these victims face.

As worrisome as that can be, legal action may help alleviate some of the burden. In order to be successful in recovering compensation, though, a victim not only has to impose liability, but also prove the full extent of his or her damages. That’s certainly easier said than done, as the damages phase of a personal injury case can be hotly contested when the damages involved are extensive.

So, how does a victim go about proving the extent of his or her damages? Here are a few steps that may prove beneficial in that regard:

  • Seek medical treatment: While medical treatment should be sought immediately following an accident, ongoing care is just as important to a legal claim. After all, a victim needs to establish a record that demonstrates why obtained care was reasonably necessary and why recommended future treatment is needed. Thus, a victim should ensure that his or her medical professional conducts all appropriate testing and that all recommended treatment is secured. In the end, a victim’s medical records need to support his or her position.
  • Have experts ready to testify: A victim’s lost earnings capacity and anticipated medical expenses and rehabilitation costs are key to a strong recovery. But these can be difficult damages to argue because they’re forward looking. That’s why it’s often wise for a victim to have medical and employment experts who can testify as to why the damages sought are reasonable. A medical professional can specify the need for future treatment as well as any long-term limitations that may affect the victim, and an employment expert can speak to how the injuries affect the victim’s ability to secure employment and advance in his or her chosen field of occupation.
  • Painting a picture of life: Although economic damages can play a big role in a victim’s recovery, so, too, can non-economic losses like pain and suffering, loss of enjoyment of life, and mental anguish. But these can be difficult to prove because they’re so subjective. That’s why as a victim prepares his or her claim, he or she needs to focus on painting a picture of his or her life and how it has been negatively impacted by the injuries. Family members, friends, coworkers, and the victim him or herself can be powerful witnesses in this regard, making sure that testimony speaks to personal implications of the injuries.

These are just some wide-reaching strategies that can be deployed in a personal injury case to support the damages aspect of a claim. It’s also imperative to retain all medical and employment records and track all incurred expenses related to the injuries in question so that the most comprehensive look at damages suffered can be taken.

Giving a case the attention to detail that it deserves

The outcome of a personal injury case can reshape the way an individual lives his or her life and recovers from his or her injuries. In other words, there’s a lot at stake. That’s why it’s usually wise for victims who have suffered catastrophic injuries to discuss their case with an experienced personal injury attorney who can help guide them through their case and build the detailed legal arguments that are best for them.



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