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Documenting Damages

Many attorneys fail to realize the importance of properly documenting damages in a case.

Many attorneys fail to realize the importance of properly documenting damages in a case. Sometimes, all emphasis and energies are placed in the initial hurdle of liability, and the impact of the injury on the client’s ability to work and earn money is ignored. A good damages preparation may help to strengthen a case once liability has been established. To date, vocational experts have been used in a wide variety of cases. Their expertise can benefit personal injury, medical malpractice, product liability, workers’ compensation, matrimonial, age discrimination, and wrongful termination cases.

Many attorneys do not know when they need the aid of a vocational expert top document damages for a case. The attorney must consider such questions as:

What are the consequences of the injuries on the client’s ability to function?
How will these injuries affect the client’s ability to work?
Will the client’s ability to earn money be affected?

The answers to these questions will determine the necessity of retaining a vocational expert. In personal injury cases, attorneys know that they have a “substantial” case if the obstacle of liability can be overcome and if there is sufficient coverage. However, few attorneys are cognizant of how they can document damages in an objective and meaningful way that justifies their demand to the defense or the insurance company.

Vocational experts have been used by attorneys to bridge the gap between medical evidence relating to the disability, and economic reports that project damages into the future. Expertise in the areas of rehabilitation, employability, and earning capacity allow the rehabilitation expert to support and enhance testimony of medical and economic experts, and to educate the jury as to the impact of the injury on a person’s employability and earning capacity.

An attorney should use a vocational expert for three reasons: To determine the worth of the case, to move the case toward settlement by justifying the amount of the demand, and to objectively document the case damages, at the time of trial. The Vocational Evaluation or Life Care Plan enables the attorney to present the damages to the jury in a clear, concise, and demonstrative manner.

“Know the Value of Your Case!™”

Case Verdicts

CEREBRAL PALSY, SEIZURE DISORDER, BRAIN DAMAGE

STATE CHILD-WELFARE WORKERS MISSED SIGNS OF ABUSE

Verdict: $165,972,503

Verdict Details

QUADRIPLEGIA

FAILURE TO WARN, PRODUCTS LIABILITY - FAILURE TO WARN, PRODUCTS LIABILITY - AUTOMOBILES

Verdict: $40,190,417.20

Verdict Details

HEAD INJURIES AND FRACTURES

CAR WAS PROPELLED OUT OF COLLISION, STRUCK BYSTANDERS

Verdict: $9,000,000

Verdict Details

ABOVE-THE-KNEE AMPUTATION

XI/1-1 PRODUCT LIABILITY WOODCHIPPER ABOVE-THE-KNEE AMPUTATION REMITTITUR REFUSED

Verdict: $6,849,654.50

Verdict Details

RIGHT KNEE SPRAIN, HERNIATED DISCS

IRONWORKER FELL INTO HOLE, CLAIMED INJURIES OF SPINE, KNEE

Verdict: $5,900,000

Verdict Details

BACK AND KNEE INJURIES

IRONWORKER FALLS INTO HOLE AT CONSTRUCTION SITE AND INJURES BACK AND KNEE.

Verdict: $5,900,000

Verdict Details

RIGHT KNEE SPRAIN, HERNIATED DISCS

IRONWORKER FELL INTO HOLE, CLAIMED INJURIES OF SPINE, KNEE.

Verdict: $5,900,000

Verdict Details

Hip Fracture, Leg Fracture, Back Tear and Neck Injury

LABORER FALLS OFF A WHEELED SCAFFOLD AND INJURES BACK, KNEE AND HIP.

Verdict: $5,600,000

Verdict Details

HIP FRACTURE, BACK FUSION, NERVE IMPINGEMENT

WORKER FELL FROM SCAFFOLD, CLAIMED INJURIES OF HIP, SPINE, KNEE.

Verdict: $5,600,000

Verdict Details

NECK INJURY AND FUSION

MOTORIST NOT MINDFUL OF WET ROAD CONDITIONS, INJURED PASSENGER.

Verdict: $5,500,000

Verdict Details

PELVIS AND LUMBAR FRACTURES, BROKEN RIBS

WORKER FALLS FROM LACK OF HARNESS INTO UNGUARDED HOLE.

Verdict: $5,350,000

Verdict Details

WORKER BROKE LEG IN FALL FROM 'INAPPROPRIATE' LADDER

LABOR LAW, SLIPS, TRIPS & FALLS - FALL FROM HEIGHT, CIVIL PRACTICE - SUMMARY JUDGMENT.

Verdict: $5,003,801.54

Verdict Details

HEAD INJURY

SECURITY GUARD STRUCK BY FALLING WALL.

Verdict: $5,000,000

Verdict Details

HERNIATED DISCS

REAR-ENDED COLLISION RESULTED IN INJURIES.

Verdict: $4,775,000

Verdict Details

Latest Blogs

Using Vocational Experts in Traumatic Brain Injury Lawsuits

September 20, 2021

A traumatic brain injury (TBI) is a disruption of the brain’s ability to function normally due to an outside event. In 2017, more than one million patients were treated in emergency departments for a TBI.

Vocational Experts and Doctors Play Different Roles in Personal Injury Trials

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How Does Loss of Earning Capacity Differ from Loss of Future Earnings?

September 6, 2021

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Loss of future earnings and loss of earning capacity are very different measures of damages that result from a personal injury. Although both kinds of damages are caused by vocational impairment, they are based on