Damages and Compensation Flashcards

How are documented medical expenses used to prove damages in an accident case?

Answer: Bills from treating providers document the cost of medical care and establish the economic harm caused by the accident

Medical bills and records from treating providers are the primary evidence used to quantify economic damages in personal injury cases.

What does proving future medical expenses as a damage element require?

Answer: Medical expert testimony establishing that ongoing treatment is reasonably necessary and the probable cost of that treatment

Future medical expense claims require expert medical testimony establishing the necessity and reasonable cost of anticipated treatment.

What is emotional distress as a compensable damage in accident cases?

Answer: Psychological harm including anxiety, depression, PTSD, and mental anguish caused by the accident

Emotional distress damages compensate for the psychological impact of the accident and injuries, such as PTSD, depression, anxiety, and sleep disorders.

What is a damages cap and how does it affect accident cases?

Answer: A statutory limit on the maximum amount of certain damages a plaintiff can recover

Many states have caps on non-economic or punitive damages that limit recovery regardless of the jury's verdict.

What is a per diem argument for calculating pain and suffering damages?

Answer: Assigning a daily dollar value to the plaintiff's pain and multiplying it by the number of days they have suffered

The per diem method asks the jury to award a specific amount for each day the plaintiff has lived with and will live with their injury.

Why is documentation important for proving damages in an accident case?

Answer: It provides objective evidence of economic losses and supports the credibility of non-economic damage claims

Thorough documentation including medical records, bills, pay stubs, and photographs is essential to maximize and prove every element of damages.