Damages
Damages is the term used to describe exactly what you are owed after suffering harm because of someone else's negligence or malicious intent. A personal injury attorney lives and dies on damages. They are a complete record of how much money the client has lost due to the incident. Typically, these losses come in the form of hospital bills and lost wages. Without any losses that the client can point to on paper, there is no basis on which to file a claim. While some states still allow for punitive damages, there must first be something concrete on which to sue.
Evidence
If you're going to prove your case in court (or even have something on which you can negotiate a settlement), you'll need evidence that gives weight to your claim. Evidence in cases such as these are usually comprised of police reports, witness statements, doctor testimony, and any physical evidence that might play a role in describing the facts. If there is recorded evidence of the incident (such as a store's security video), this will often be brought into play as well. Without evidence, a personal injury attorney will not be able to bring a successful lawsuit.
Recent Judgments
One way to get a broad idea of how much your case might be worth is to look at the results of similar cases in your area. If you've been injured as the result of a car accident, you might find it instructive to look at other recent car accident cases that have gone to trial in your area. Of course, even this is a very inexact science. Not only is every case different, every jury is different, and your damages are unlikely to be exactly the same as someone else's. Still, it's something both you and your personal injury attorney can consider when deciding how to proceed.
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