When you've been injured due to another person's negligence, personal injury law exists to help you recover financially. To do that, you'll need to prove damages in court. Attorney David S. Washington Jr. in Hamilton, OH, will help you pursue your case — starting by determining what damages you will seek.
An Essential Component of Your Case
To win a personal injury case, you have to prove the defendant had a legal obligation to you, failed to meet that obligation, and directly caused you damages. Without demonstrable damage from the incident, you don't have a case. Even if the defendant broke criminal law — through reckless driving, for instance — if they didn't directly cause you harm, you aren't entitled to payment.
Types of Damages
Your claim may be for one or several different types of damages. These are:
- Medical Expenses
- Rehabilitation
- Lost Wages
- Lawsuit Costs
- Pain & Suffering
- Punitive Damages
Of these, quantifiable damages, like the cost of medical treatment or wages lost during recovery, are the easiest to prove, while pain and suffering is difficult to place a value on and is less frequently awarded. Punitive damages are also rare, typically reserved for personal injury cases in which the court believes the defendant's deliberate action requires a punishment beyond the usual damages.
Proving Damages
Your case will need to include proof of the costs you incurred due to your injury. This evidence may take several forms. Medical bills and doctors' notes are one form, and your own testimony is another. You may also need to present photos or video of the injury, documentation from your employer regarding the time you missed, or an expert testimony from a medical professional familiar with your type of injuries.
If you aren't sure what damages you qualify for or how you can prove them to the court, your attorney will help you create a plan. Call David S. Washington Jr. today to start putting together your personal injury case. You can reach the firm at (513) 751-1400 or contact them online to arrange a consultation.
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