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When determining damages to be awarded an injured person in a person injury
case, future economic loss is taken into account. This amount includes lost
wages and the cost of future medical expenses. because they can be calculated
with a certain degree of precision, these are referred to as special damages.
General damages, which include pain, suffering, mental distress and permanent
injury, are difficult to calculate. It is usually the jury's responsibility
to determine the amount of compensation the injured party should receive on
the basis of facts presented as evidence at the trial. The jury is in making
this determination is neither to give a blank check to compensate the injured
party, nor are they to arrive at an amount based on any sympathies it might
have.
In my experience, general damages are best shown by records of the injury.
This includes such things as photographs or videotapes. If you are injured,
make sure that you document early on how bad you were hurt. Another thing
that can be done is to chronicle the general damages and keep a journal or
diary of all the problems or limitations caused by the injury. This can prove
invaluable since many cases are settled or tried more than a year from the
occurrence. |
