Legal Question in Personal Injury in Virginia

Re: Sidewalk Fall

You should be asserting all claims representing

compensatory damages(meaning those out-of pocket expenses) naturally arising out of this incident and which can be reasonably attributed thereto.

The items which you've referenced should certainly be part of the above-referenced expenses claimed. However, whether or not the city's insurance carrier will agree to reimburse you for all of them, of course, is another question.

Re: Sidewalk Fall

You are entitled to any and all damages that make

you "whole." This will include anything that

puts you back in the situation you would have

been without the accident. However, the problem

is one of proving what your damages are. THe

theory is easy enough. The problems arise in

trying to document and prove -- and quantify --

the damages that you have experienced.

You will bear the burden of proof so any

uncertainty will cause you to fail to collect on

that category of damges.

Also, a key point of attack from the defense

would be proving that any category of expenses

(damages) was "CAUSED" by the injury.

Frequently, the defendant will try to prove

that there was already an injury there

beforehand, that the expenses being claimed

are not really caused by the injury, or that they

are not "necessary" as a result of the injury.

For example, your spouse had surgery. However,

in order to prove that this surgery was necessary

as a RESULT of the injury, you may need to have

the doctor come and testify as to why the

surgery was necessary. That's where this gets

difficult.

However, the more you can quantify any and

all expenses and prove that they are NECESSARY

as a result of the

Pain and suffering and emotional damages are the

hardest to prove, especially in Virginia. You

should keep a diary of any experiences of

distress and pain, such as inability to to

sleep, etc.

However, there is no exact formula for this so

it is subjective. It would be up to a jury.

Therefore, in negotiation, it is arbitrary.

However, this is a case where you really should

see a personal injury lawyer.