Many variables come into play but when it comes to special damages because they’re all identifiable. You must be able to identify them and present a specific number to the court to be awarded those amounts. The same applies to property damage and lost past earnings. You must be able to establish exact numbers.
Future lost earnings can be somewhat speculative but they have to be proven with a certain amount of evidence. It is typically judged that the individual will probably not experience a loss in earning capacity or a loss of wages. We then have to prove that. This is often accomplished through expert testimony. It is useful to bring in a vocational expert to present what that means in terms of real dollars to the client.
Bills and earning records, along with expert testimony for future medical expenses also help with creating an estimation of special damages. Then, there are general damages, what we call soft damages. These cannot be identified with any particularity. They’re based on what a court of law, whether that’s a jury or a judge, is likely to award for those injuries. This includes past physical pain and suffering, future pain and suffering, emotional distress past and future, scarring, loss of enjoyment of life. Or perhaps, a loss of relations between an injured individual and a family member.
My role in this process includes giving the client as much information as possible to make an informed decision about what they wish to negotiate for. If what we get is not enough, pr not reasonable for the client, then we go to trial. If the client decides to go to trial, it’s my job to inform them about all risks and the potentiality of a loss or a lesser amount. There is also the possible necessity of an appeal, which adds a year to the litigation process. All of these details are important for clients to consider in deciding their cases.
In some cases, clients fire their attorneys because they were pressuring them to take a settlement. Sometimes, lawyers want the easy route. However, in these cases, there is often an opportunity to be granted up to six times more than the settlement offer. It’s worth making an extra effort for the compensation you deserve.