Disputes over economic damages are common in personal injury lawsuits. Economic damages are those damages that can be calculated with a reasonable degree of certainty, such as those associated with medical costs, property damage, etc. Even though they are usually calculable, economic damage disputes can arise over several issues.
Some common economic damage disputes may include:
- Disputes over insurance matters
- Disputes regarding the amount of property damage sustained during a personal injury incident
- Conflicts and disagreements regarding physical injuries
- Issues with pre-existing medical conditions (a pre-existing injury can reduce a damages award)
- Disputes involving insurance companies and policies
- Negligence of the plaintiff (contributory or comparative negligence can also reduce a damages award)
Lastly, economic damage award disputes often revolve around the classification of damages. For instance, there may be issues as to whether certain damages should be classified as economic or punitive, etc. This can affect the overall award, as punitive damages may not be allowed in all cases.
How Are Economic Damage Disputes Resolved?
Disputes over economic damages can often be somewhat complex and difficult to resolve. Disputes can be resolved through an assessment of the evidence related to the damages. For instance, the court may review documents such as receipts and invoices in order to determine the amount that the plaintiff spent on injuries. The court may also consider statements and testimony from witnesses.
Specifically, expert witnesses often play a large role in the determination of economic damages. For instance, a car accident reconstruction expert may be able to testify as to the specific amount of damage rendered to a vehicle in an accident. Or, a surgeon might be called upon to explain what types of procedures the victim underwent following an accident.
Lastly, a dispute over economic damages can often be resolved using previous cases. By comparing damages amounts from similar cases in the same jurisdiction, the court can often create a damages figure that is reasonable and applicable for the current case.
Do I Need a Lawyer for Help with Economic Damage Issues?
Dealing with economic damage disputes generally requires the help of a qualified personal injury attorney. You may need to hire a lawyer if you have any disputes or questions involving an economic damages award. Your attorney can advise you on your legal rights and can help you recover a damages award that is appropriate for your claim. Also, your lawyer can help represent you if you need to attend court hearings in order to assess your damages claim.