Proving damages in a PI case takes skills

Written by our personal injury lawyers in Virginia Beach

One of the most important parts of a personal injury case, especially one involving a car accident, is proving damages. Even if you are not at fault for an accident, you may not be able to recover unless you or your personal injury lawyer can prove damages.

For more than a decade our personal injury lawyers in Virginia Beach have helped individuals with car accident cases throughout Hampton Roads, including Chesapeake, Norfolk, and Portsmouth.

Not proving damages can be costly
In the case of Gilliam v. Immel (293 Va. 18), the injured party was rear ended by the defendant driver. The defendant admitted he was at fault and therefore the only issue was the amount of damages that the injured party suffered.

In this case, the plaintiff testified that she tensed up but did not suffer any cuts, scrapes, bruises, swelling, or other injuries. There was no evidence presented regarding any damage to her car. The plaintiff went to the emergency room, her primary care doctor, an orthopedist, a physical therapist, and a neurologist – incurring roughly $73,000 in medical bills.

The jury began their deliberations and asked the court whether the plaintiff’s medical bills were paid by health insurance. The judge instructed the jury that the presence or lack of insurance was irrelevant. The jury then returned a verdict for the plaintiff for $0.

In this case, just like other car accident cases, the burden was on the plaintiff to prove her damages by a preponderance of the evidence. She did not.

If you have been injured in a car accident, make sure to consult with a personal injury lawyer who can analyze your case and take every step necessary to prove your damages.

For a free consultation with one of our personal injury lawyers, please call us at (757) 432-2500 or use our online form below.

Personal injury lawyers in Virginia Beach serving Chesapeake, Norfolk, Portsmouth, and all of Hampton Roads.

Klein, Rowell & Shall, PLLC is a litigation-focused law firm in Virginia Beach serving Hampton Roads


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