The first question that often arises in injury litigation is whether the defendant was negligent in causing plaintiff’s injuries. But the second – and equally important – element is damages. That is, to what extent did plaintiff suffer? How can that suffering be quantified?
Our Fort Myers injury lawyers do this with a number of approaches, depending on the individual circumstances. It could include production of medical bills. It could include testimony of expert witnesses, such as orthopedic surgeons. It will mean looking at how the plaintiff’s ability to earn money and make a living has been impacted, both in the past and in the future. It could mean delving into the effect the incident has had on plaintiff’s personal relationships and overall quality of life. The question of damages cannot be overlooked.
Unfortunately, it’s not always as easy to prove as it may seem. In the recent case of Gilliam v. Immel, the Virginia Supreme Court affirmed a ruling in which plaintiff proved that defendant was liable for the crash, but failed to show her injuries should compel him to pay damages. Continue reading ›