Proving Economic Damages: Tactics and Physical Evidence That Help You

 
In such cases, you might want money for both economic and non-economic damages. You can probably think of many examples of economic and non-economic damages, and we’ll talk about some of those right now. We will also cover some tactics and talk about physical evidence that can help you if you find yourself in the middle of one of these personal injury cases with cash on the line.

What Does Personal Injury Law Involve?

First, let’s talk about personal injury cases for a moment since some individuals may not know what we mean when we use that term. A personal injury case usually involves someone suing either a person or a company. You contend that this person or business did something that harmed you.

If a drunk driver runs a red light and hits your car, injuring you, you might bring a personal injury lawsuit against them for that reason. If you fall down in someone’s house and break your leg, and you believe they knew about the cause of your accident but failed to fix it, you might allege negligence on their part and sue them for that. If a company manufactures a product that makes you very ill, you might sue them for that reason. You can probably think of many other examples of personal injury lawsuits if you think about it.

What Do Economic and Non-Economic Damages Mean?

If you sue someone for personal injury, you will also probably try to collect economic damages from them, non-economic damages, or both. Economic damages in personal injury cases mean monetary losses that you can tie directly to your injury or illness.

 
For instance, wages that you lose because you can’t work while you’re recovering from your injury constitute economic damages. The money you must pay the hospital following a surgery that your injury caused would also apply.

 
As for non-economic damages, they might include money you feel you’re due for the pain and suffering you went through while recovering from your injury or illness. As you might expect, putting a price tag on these monetary damages sometimes becomes complicated. Often, you must look at precedents set by similar lawsuits to get some idea of how much you should collect.

However, in this article, we’ll focus strictly on monetary damages and some tactics you might use to prove that the individual or entity you’re suing owes you this money.

Hire a Good Lawyer

You’ll probably first need to hire a skilled lawyer if you’re going to bring a personal injury lawsuit against a person or entity who you allege hurt you or made you ill. Unless you’re a personal injury attorney yourself, you need one of these lawyers on your side. If they’re experienced, they will probably know every trick in the book when it comes to proving economic damages and getting you money for them.

Find Documentation Proving What You Say Happened and How Much Money You Spent

As your personal injury lawyer will probably tell you when you’re getting ready to head to trial, to prove how much money you spent on things like doctor and hospital bills, you must present documentation that shows what you paid out of pocket. Maybe you paid for part of your medical bills through your health insurance.

 
You can’t receive compensation from the defendant for doctor or hospital bills that your insurance paid, but if you had to pay for any of your medical bills out of your own pocket, you can certainly count that as an economic damage and expect the defendant to pay you back for it. Often, you must pay for at least part of your medical bills out of pocket until you hit the yearly deductible for your healthcare plan. Only the most high-end healthcare plans do not come with deductibles, and very few people have such plans.

 
If you lost wages because you couldn’t work while you were recovering from the accident or incident that injured you or made you sick, you can show the jury your usual pay stub. This indicates how much money you would normally bring in every week or month that you’re not currently getting.

If the person who you’re suing damaged your car, you can show the bill from the auto body shop that indicates how much you spent to repair it. Remember, though, you can only try to claim money as an economic damage in a personal injury lawsuit if your insurance or the other driver’s insurance didn’t cover that.

What if No Documentation Exists?

If no documentation exists that proves the amount you feel the person or entity you’re suing should pay you, then you must use other tactics. For instance, maybe you got surgery after a car wreck where another driver hit your vehicle. You can show the hospital bill that reveals how much you had to pay. However, the defendant’s lawyer might claim you had a pre-existing condition prior to the accident, so their client should not have to pay you back for that.

In such a scenario, you might have to call your primary doctor to the stand so they can state under oath that you didn’t have a pre-existing condition that led to your surgery. That should prove to the jury that you had to have the procedure because of the damage the defendant caused.

 
If you can provide physical evidence that indicates the person or entity that you’re suing hurt you or made you sick, that’s always helpful, but things like expert testimony can also come in handy. Ultimately, you’ll hope to walk away with enough money in damages to cover both your economic and non-economic losses.