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Tales From the Courtroom: How to prove damages in a personal injury civil case

In the realm of negligent accidents, including auto accidents, truck accidents, motorcycle accidents, and other conduct, injury victims are permitted compensation in the form of a settlement for their damages.  "Damages" can include anything from medical expenses to pain & suffering, and when you are injured in an accident, you deserve compensation for your losses.  To prove losses in a personal injury claim, you must file a claim with the negligent driver/owner's car insurance company.  The claims adjuster will then begin the cat and mouse game of compensation negotiations.

To obtain compensation for your personal injury claim, you will need to convince the claims adjuster what the extent of your losses are.  The claims adjuster will immediately request all kinds of information, most of which actually inhibits upon your right of privacy.  A personal injury attorney should take over for you at this point and commence negotiations with the claims adjuster on your behalf.  However, no negotiations should be made until you have completed your medical treatment and until your doctor has an idea what your future medical prognosis will be.

If your personal injury claim can be settled prior to filing a lawsuit, the claim will be ended and you will sign a settlement "Release" with the insurance company.  However, many cases need to be filed in a court by a personal injury lawyer in order to obtain the fair settlement that you are entitled to pursuant to Missouri law.  To prove damages once a lawsuit is filed, your injury attorney will serve and answer written and oral discovery, and take depositions of both factual witnesses and medical experts.  Once discovery has been completed, your attorney will request a trial setting.

On occasion, insurance companies will end up offering a fair settlement just prior to trial.  However, many cases need to be presented to a jury in order to get a fair shake at financial compensation.  If you have a brain injury claim or other serious injury claim, the trial could last several weeks in order for all doctors and experts to provide testimony on such a complicated matter of damages.
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