Proving Damages in a Personal Injury Claim
Posted By Thomas J. Foley
A personal injury case has three main components; liability, damages and insurance. If any one of those components are missing, the case has no value. Proving “damages” can often be the most difficult part of establishing the value of a client’s case. Damages can include economic loss (i.e. loss of income) and non-economic loss (i.e. pain and suffering). If an accident causes a client to miss work, and the client is not compensated for his/her time of work, the client has a claim for economic loss. The amount of the loss equals past lost wages, plus anticipated future losses. Lost wages can be proven to a jury by the introduction of employment forms and tax returns. If future lost wages are claimed, this means that the client is likely to be unable to return to work due to the injuries sustained in the accident. Under these circumstances it is often advisable to retain the services of an economist. A skilled economist can establish not only the client’s past lost wages, but also the anticipated future lost wages. A lost wages claim can often add significant value to a case.