The cause of the accident is clear. The guy behind you fell asleep at the wheel after a night of drinking alcohol. His actions forced you to incur medical bills, car repairs and lost wages. You also missed out on a non-refundable, pre-paid vacation to a Caribbean resort. On top of that, you have a permanently injured back that will require future treatment for the rest of your life.
You try to settle with the adverse insurance company but you believe they are offering pennies on the dollar to resolve your claim. You have told the carrier that you lost four (4) months of work at $5,000.00 per month, but you offered no documentation to support this other than a note from your doctor placing you on no-work status. They want tax returns, pay stubs and time sheets. You also want compensation for your future medical bills relating to your permanent injury. But the insurance company has no idea how long you might live or the annual cost of such treatment. Lastly, you tell them about your missed vacation but don’t provide an invoice or any proof that payment is non-refundable.
You file suit and take your case to the jury. Before it gets to the jury, however, the judge throws out your wage loss, future treatment and vacation claims. He tells you in his ruling that juries are not allowed to speculate about damages and that you supplied insufficient documentation. See Henderson v. Breesman, 77 Ariz.256, 259 (1954).
You end up with a verdict in your favor but not nearly at the amount of the damages you actually suffered and will continue to suffer in the future. Had your case been properly assembled and presented with the appropriate documentation to support the claims, your award would have been much more palatable.
Above are two of many instances where an experienced personal injury attorney could have helped collect the full value and extent of your damages.
If you or a loved one has been involved in a car accident, motorcycle accident or pedestrian accident, reach out to the experienced lawyers at Select Law. With our extensive experience in the legal field, we know what it takes to win your case. Call us at (206) 237-8383 to arrange your FREE CONSULTATION with an experienced attorney (in person, phone, zoom or your residence/hospital).
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