NY Car Accident Case: What Witnesses Are Needed to Prove Your Damages?
Attorney Gerry Oginski Explains
In a car accident case here in New York, your trial likely be held in two parts. The first part is to establish liability, or who’s actually responsible for the happening of your accident.
The second part is to determine what injuries, damages and disabilities you suffered as a result of someone else’s carelessness.
It goes without saying that the only way you can get the part two, the damages part of your trial is if you are successful in showing that the person you have sued was legally responsible for causing or contributing to your accident.
Assuming you have reached now the second phase where a jury has determined that someone was careless and negligent and caused your accident, the next phase of your trial will be damages.
What exact witnesses will you need in order to prove that you suffered harm and loss because of that carelessness?
The answer to that question will depend on what injuries you suffered. It will also depend on whether there are economic losses, financial losses to you and your family as a result of your accident.
In addition to economic losses, we look to see how the injury has disabled you, disfigured you and whether you are incapacitated. We also look to see how you suffered and what pain you experienced as a result of this car crash.
Typically, we will always want to bring in your treating doctors to explain to the jury what problems you had initially, what medical care and treatment they rendered to you and what they expect you to go through in the future, known as a prognosis.
In addition to medical doctors will also likely bring in a vocational rehabilitation expert if you are incapable or unable to return back to the type of job you were previously able to do.
This type of expert will help the jury understand what you might be capable of performing in the workplace based upon your current medical condition.
Another expert we can bring in is known as an economist.
That is an expert who specializes in understanding the value of money. The reality is that the value of money today is different than the value of money in the next 10, 15, 20 years.
When a jury evaluates your compensation, it’s important for them to understand the economic principles behind how the value of money changes over time.
We will often bring in family members including your spouse to talk about the problems you experience on a daily basis. It can often be much more persuasive to have someone tell your story for you rather than you telling it yourself.
Watch the video to learn more…
Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm
Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6
To learn more about how car accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021