Preston J. Scheiner, a trial attorney at Bruce L. Scheiner, Attorneys for the Injured, recently spoke at the national Anatomy of a Personal Injury Lawsuit Seminar in Scottsdale, Arizona.
The conference, held last month, was a feature event to highlight one of the best new personal injury lawyer resources available, “Anatomy of Personal Injury Lawsuit (Trial Guides 2015).” The book, published by the American Association for Justice, contains contributions from 60 of the most well-respected injury lawyers in the country. Preston Scheiner was among them.
The 4th edition of the book offered detailed advice, arguments, charts, illustrations, practice tips and examples to assist other personal injury attorneys across the country. It offers a step-by-step navigation of how personal injury claims should traverse the legal system. It is an honor to share this information to assist other injury attorneys in the fight against injustice and for the rightful compensation of those harmed by the carelessness and recklessness of others.
Preston Scheiner’s contribution focused on, “Damages: Wage Loss-Related Damages.”
This is a critical aspect of any personal injury case. Of course, your attorney has to be able to prove negligence. We have to show the other party owed a duty of care, breached that duty and that breach was cause of injury. But beyond that, we have to show how our clients have been affected. To what extent did they suffer a loss? These losses are called “damages.”
There are many different types of damages, including:
- Medical bills
- Pain and suffering
- Mental/ emotional suffering
- Wage loss
- Future earnings loss
In order to prove such losses, we have to present concrete evidence of what exactly was lost and then tie those losses back to the harm caused by defendant’s breach of duty.
With regard to wage loss, that means showing the client lost wages he or she would have otherwise earned because of an inability to work due to alleged injuries. To show this and the extent of this, we would want to present evidence such as:
- Last year’s W-2 tax forms;
- Pay stubs from before and after the crash;
- Wage verification documents from an employer;
- Business banking records, checks received for services rendered, tax returns, accounts receivable, etc. (for self-employed or business owners).
These are just a few examples. We might also present evidence of sick days or vacation days that had to be used during recovery.
In cases where clients had many years of a career future ahead of them – complete with promotions and raises and benefits – now lost due to the accident, they can also collect damages for future losses. That usually involves presentation of expert witness testimony of someone knowledgeable in the industry who can attest to what someone in our client’s field could have expected to earn in years to come, but for the accident.
Whether a case is settled or whether it moves to trial phase, the Anatomy of a Personal Injury Lawsuit book serves as an excellent go-to guide.
Other aspects of the book include settlement negotiation techniques, the importance of understanding critical details of each claim, how to battle secrecy orders and go toe-to-toe with corporate defendants in the discovery phase, and an in-depth look at medical issues common in personal injury cases and how to make a strong, effective closing argument.
Call Associates and Bruce L. Scheiner, Attorneys for the Injured, at 1-800-646-1210.
Additional Resources:
PJ Contributes to Book: Anatomy of a Personal Injury Lawsuit, 4th Edition, Bruce L. Scheiner, Attorneys for the Injured