If the plaintiff proves the defendant or the defendants if there are more than one was liable. The plaintiff must next prove the amount of compensation that will reasonably compensate plaintiff for the harm. This compensation is called “damages.”
The amount of damages must include an award for each item of harm that was caused by the defendant’s wrongful conduct. Plaintiff does not have to prove the exact amount of damages that will provide reasonable compensation for the harm.
Here are the elements of damages:
- Past and future medical expenses
- Past and future lost earnings
- The loss of plaintiff’s ability to provide household services
- The loss of the value of personal property or its use
- Past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement,physical impairment, grief, anxiety, emotional distress
No fixed standard exists for deciding the amount of damages for the last element, pain and suffering. The jury must use their judgment to decide a reasonable amount based on the evidence and your common sense. Proving the amount of pain and suffering is key to most injury cases. To win a personal injury trial it is essential that a lawyer develop and convey a simple, plausible theme to the jury. We explain the law applicable to the case in an interesting manner.
We use audio/visual aids to show the jury why the defendants should be held liable in light of the law, why compensation is fair and just and how we arrived at the value. We educate the jury on the nature of injuries, and help the jury quantify the damages in order to maximize our clients’ compensation.
