A plaintiff in a Washington, D.C personal injury case not only has to prove that the defendant acted wrongfully, and that the defendant’s wrongful conduct caused the plaintiff harm, but also that they suffered harm. Further, they must prove the extent of that harm. Damages can only be awarded if the party claiming the damages has adequately proved that the opponent’s wrongful conduct caused the harm suffered. Washington, D.C. courts have stated that damages cannot be based on “speculation or guesswork,” thus, a plaintiff must provide an adequate basis for the jury to make a reasoned judgment. In addition, damage calculations have to be sufficiently detailed to support an award of damages.
Generally, damages are meant to compensate the plaintiff for the harm the plaintiff suffered. Examples of compensatory damages include past and future medical expenses, lost wages, loss of companionship, and pain and suffering. Punitive damages are also available in D.C. injury cases in some instances. Punitive damages are intended to punish the defendant for bad conduct and to deter others from engaging in such conduct. When punitive damages are at issue, a court may consider the defendant’s net worth and ability to pay.
Failing to adequately prove damages can be just as devastating as a judgment in the opposing party’s favor. For example, in a recent case, an appellate court upheld an award of zero future damages, which significantly limited the plaintiff’s recovery. In that case, the plaintiff and her husband claimed that an emergency room physician and his employer failed to properly assess and treat the wife’s brain aneurysm when she went to the emergency room. On the issue of damages, the plaintiffs presented billing records that showed the wife’s medical expenses totaled over $1 million. They also presented testimony concerning her procedures and rehabilitation, future medical expenses, lost wages, and the care she required based on her condition. The defense challenged the extent of future expenses and the credibility of the witnesses.