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How do I prove the value of my non-subscriber work injury?

In Texas non-subscriber work injury cases, a lot of emphasis is placed on proving the employer’s negligence. But that’s only one part of the case. The other big component in a non-subscriber case is proving the value of the case, such that a jury awards enough compensation for what you’ve been through.

This is arguably the more challenging part of the case, and if you make a habit of reviewing jury verdicts across Texas, as we do, you’ll see that a lot of workers are getting less than they deserve because their lawyer did a poor job of proving the value of their case. We don’t make that mistake.

In this article, we’re going to discuss how you prove the value of your Texas non-subscriber work injury suit, and why it’s important to take an honest inventory of all your injuries and hardships.


Questions Answered on This Page:

  • How do I make sure I get the right amount of compensation for my work injury?
  • What evidence do I need to prove the value of my work injury?
  • How do I prove up my damages in a work injury case?

What are damages, and why are they important?

Juries don’t arbitrarily pick numbers to award injury victims. The injured party has to ask for specific categories of compensation, and then the jury must decide whether they think the facts of the case warrant compensation for each of the categories and they must decide how much to pay for each category. As our modern personal injury laws have evolved, the law recognizes that some types of losses should be compensated, while other types are trivial.

In legal terms, we call losses “damages.” There are categories of damages that Texas law allows you to be compensated for, and there are other categories that Texas law does not deem eligible.

In order to be awarded damages, you must go through a process of “proving up” your damages. This simply means that your lawyer must provide the jury with evidence that you’ve sustained the losses you claimed to have sustained.

How do I “prove up” my damages?

There are a few ways to prove to your peers that you deserve full compensation. Hopefully all of the following methods are available to you. An experienced attorney will be of invaluable assistance in gathering the needed evidence.

  • Documentary evidence: This is basically any paperwork that would help document the extent of your injuries or how the injury occurred or both. Examples are accident reports, medical records, written witness statements and pain diaries
  • Demonstrative evidence: In short, this category is media that supports your claim of injury, such as photos, video or graphics. For example, an accident reconstruction that we assemble would be considered demonstrative evidence
  • Witness testimony: This one is pretty self-explanatory. It’s the sworn statements of witnesses to your accident that can help the jury understand the circumstances that surrounded your accident.
  • Expert testimony: As opposed to a witness testimony, an expert most likely was not there at the scene when your accident occurred. Rather, experts help the jury interpret more complex or technical parts of your case. For example, we may call your doctor to the stand to explain x-ray images of broken bones to the jury.

How do we know which types of evidence will help? In their own ways, each type bolsters your case. The more comprehensive your case is, the more persuasive it becomes to juries. We use all the resources that are available to make sure a full accounting of your damages is taken, and that you are properly compensated for them.

Not a Moment to Waste The importance of a prompt investigation...Read More >

Call the Experienced Work Accident Attorneys at Grossman Law Offices:

The best way to figure out how much your case is worth is to speak with lawyers who have experience in these matters. Every case is different, and no two circumstances are the same. But with more than 25 years of experience with non-subscriber work injury cases in Texas, our attorneys should be able to give you a rough estimate. And if we take your case on, we’ll fight for every cent that you deserve.

To speak with us, call us at (855) 326-0000, toll-free 24 hours a day, seven days a week.


Other articles about non-subscriber work injuries that may be helpful:

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