- April 28, 2011
- In catastrophic Injuries
If you wish to recover damages on the basis of your injury’s permanence, your Orange County catastrophic injury lawyer will need to present evidence that the injury is actually permanent. This burden of proof falls on the plaintiff.
In some cases (the loss of a limb, for example), the permanent nature of the injury is obvious. Sometimes, however, it is not so clear whether or not you will eventually recover from your injuries. Courts recognize that you can’t predict with 100 percent certainty that something will or will not happen in the future, so while they will want some proof that shows your injury is reasonably likely to continue, they won’t hold you to an impossible standard.
The evidence must be more than speculative-it is not enough just to show that your injury might possibly be permanent. However, the evidence does not need to be overwhelming or to prove your injury’s permanence with absolute certainty. Testimony that you have not been able to return to your job, coupled with a doctor’s testimony that the injury is permanent will meet your evidentiary burden. The exact standard varies from jurisdiction to jurisdiction, but most courts require you to show either a “reasonable probability” or a “reasonable certainty” that the injury is permanent. An experienced catastrophic injury lawyer will be able to tell you the standard that is applicable to your case.
The defense will likely present a conflicting medical expert to testify that the injury is not permanent. In this case, the question of whether or not the injury is permanent will be one for the jury. In making this determination, they will consider all evidence in the case, not just the medical evidence.
If you have been permanently injured due to another person’s negligence or deliberate act, financial help may be available. Please contact Orange County catastrophic injury lawyer Samer Habbas at (888) 848-5084 to schedule a free consultation.
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