Acts of negligence can cause serious injuries and damages. A major car crash can leave someone hospitalized for months with severe, life-changing injuries. These injuries cause all kinds of disruptions in our lives, affecting our ability to work and make money, and our time outside of work.
We’ve been handling personal injury cases in Missouri for over 14 years and have spent much time proving damages in our cases. Here is a brief snippet of our approach to damages.
Damages Are Broadly Defined Under Missouri Law
The jury instruction for damages in personal injury cases in Missouri simply states:
“You must award plaintiff such sum as you believe will fairly and justly compensate the plaintiff for any damages you believe plaintiff sustained and is reasonably certain to sustain in the future.”
The jury hears no other instruction on what constitutes damages. The instruction gives the jury broad discretion on what it may award for damages.
Economic vs. Non-Economic Damages
Economic damages are those which can be shown in a document. For example, medical costs can be shown with a medical bill. Lost wages can be shown with pay stubs.
Pain and suffering damages can’t generally be shown with documents, though they can be shown with pictures. These damages include scarring, disfigurement, pain, and immobility. Here are some additional examples of The Significance of Non-Economic Damages.
Past and Future Damages
If you can show that your injuries will affect you in the future, you can recover money for those future damages. Usually, the law requires those future costs to be reduced to present value. In my experience, the more certain those future damages, the more likely you will get compensation for them.
Proving Damages in a Personal Injury Case
Proving damages requires careful documentation. Medical records, photographs, pay stubs, and expert testimony all help establish the extent of your losses. The more specific and well-supported your evidence, the stronger your claim for full compensation. Here are 5 Things to Keep in Mind When Getting Medical Care After a Personal Injury Accident.
Work With Experienced Kansas City Personal Injury Lawyers
At Meyerkord, Russell & Hergott, we’ve spent over 14 years helping injury victims in Missouri prove their damages and recover fair compensation. If you have questions about your case or need help documenting damages, contact our Kansas City personal injury lawyers for a free consultation.