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Personal Injury Lawyer – Damages

Personal Injury Lawyer-Damages

Within the world of the personal injury lawyer damages can come in a number of different forms.  The most common form of damages is some physical injury to the body.  It may be a cervical injury, a lower back injury or a broken arm.  That type of physical injury may then in turn cause certain emotional or non-tangible injuries consisting of embarrassment or humiliation associated with the injury and pain and suffering. 

Pain and suffering is frequently a large component of most personal injury claims.  The pain and suffering becomes subject to testimony certainly from the plaintiff and then also the treating physician in order to make it more real.  The way that pain and suffering are made real is through live testimony typically from the plaintiff who explains to a jury what it is that he or she has gone through and how intense the pain was and how long the pain lasted. 

It can also be helpful to bring in lay witnesses who can testify as to what the plaintiff’s condition was before the injury and then what the plaintiff’s condition was after the injury.  That is a good way to give the jury a picture of what the plaintiff has been through.

Another component of damages are lost wages.  In order to prove lost wages you should have a report from a doctor confirming that there was a period of time when you were not able to work.  You then need to be able to prove what the actual wage rate was that applied during that period of time.  That normally is proven through a letter from the employer. 

Sometimes loss of income can be difficult to prove where a person is self-employed.  Any of you who have ever been self-employed know that your hours may be irregular and there may not be any set period of time when you work.  As such, even though you may not have been able to work between 9 and 5 on a particular day you may have made up that work time on another day.  Insurance companies are certainly aware of that. Frequently the best way to prove an actual wage loss for a self-employed person is to show the differential that occurred from one month to the next or if income tends to be seasonal then to show what the income had been during that same month the year before.  The differential then may be evidence of what the wage loss is.       

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