Proving Damages-Wakole
Ed Weiner was plaintiff’s attorney in the above case. This case is important because it allowed the plaintiff to itemize specific elements of damage.
Ed has been kind enough to share the type of chart that he uses at trial.
1. Past medical expenses (itemize and total).
2. Future medical expenses (itemize and total).
3. Lost wages (the dates, wage amount should be itemized and totaled).
4. Bodily injuries.
a. Itemize the actual injuries and duration.
| Injury | Approximate Duration |
| i. Intra-articular fracture of the lower head of the tibia | 5 months |
| ii. Multiple contusions of both legs | 3 weeks |
| iii. “Sore all over” | 1 week |
b. Set forth line by line the effect on health including any disability rating and duration.
| Effect on Health | Approximate Duration |
| i. Degenerative arthritic change to ankle | Progressive |
| ii. 12% permanent disability of lower-left extremity 6% “whole body” disability | Permanent |
5. Past pain.
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Collision i. Immediately upon impact. ii. Waiting for and during extrication from car. iii. Ambulance ride to INOVA Fairfax Hospital |
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In the ER i. Leg moved for multiple x-rays and CT scans ii. Discharge and car ride home from hospital. |
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At Home and in PT i. Pain from tight splint and swelling for weeks ii. Painful therapy to regain and improve mobility. |
6. Past mental anguish.
| Mental Anguish |
| i. Sudden impact of crushed metal |
| ii. Helplessness of being trapped in vehicle
a. Fear of fire |
| iii. Inability to move left foot or toes |
| iv. Concern about a brain injury |
| v. Fear of what lay ahead
a. Unfamiliarity with process for treatment or recovery. b. Possibility of surgery |
| vi. Inability to care for self/be active with family for many months |
| vii. Concerns about work. |
7. Future pain and mental anguish.
| Future Pain |
| i. Daily Discomfort
a. Ranging from stiff, dull pain with inactivity to sudden, sharp pain with activity |
| ii Intermittent increased left ankle pain upon kneeling, squatting |
| iii. Pain with weather changes |
| iv. Walking up and down steps, grass and uneven surfaces
v. Walking extended periods. |
| Future Mental Anguish |
| i. Concerns about developing debilitating arthritis |
| ii. Anxiety about future fusion surgery and rehabilitation |
| iii. Unknown of when a movement will cause pain |
8. Disfigurement, deformity, humiliation and embarrassment.
| Disfigurement, Deformity |
| i. Limp after inactivity
a. Ankle/leg are stiff in the AM; loosens during morning |
| ii. Limp after any physical activity, i.e., walking
a. End of the work day |
| iii. Frequent swelling of ankle |
| iv. Weight gain due to decreased activity
a. No longer runs daily b. Can’t participate in the Army 10-Miler c. Doesn’t do HIIT (High Intensity Interval Training) |
| Humiliation, Embarrassment |
| i. Unable to hike with his son/Scouts |
| ii. Can no longer play in the Annual Teacher-Student Fundraiser Basketball game |
| iii. Had to teach while sitting
a. Foot elevated to reduce swelling b. Embarrassing to teach with bare toes exposed |
| iv. Unable to help parents, friends, neighbors with projects at home/lawn |
9. Past inconvenience.
| Past Inconvenience |
| i. Severe limitations on mobility
a. Totally non-weight bearing for approximately 6 weeks b. Very limited weight bearing for an additional 4 weeks c. On crutches for a total of 10 weeks d. Couldn’t drive for 6 weeks e. Had to use knee scooter at school – Computer lab was in remote trailer on the school grounds f. Stairs, one at a time, painful and balance difficult |
| ii. Numerous doctor and physical therapy appointments. |
| iii. Unable to perform most activities of daily living independently. Not able to assist at home.
a. Driving kids to school and/or activities b. Household chores (making lunches, household repairs) c. Yardwork- had to rely on friends and family |
| v. Unable to attend church services for 4 weeks
a. Missed daughter’s first choir performance |
| vi. Den Leader for Cub Scouts: gave up leadership and missed events
a. USS Wisconsin overnight b. Burke Lake camp out c. Old Rag hike e. C&O Canal hike |
| vii. Missed annual trip with his father, brother and cousins |
| viii. Stayed home when family was doing something active
a. Soccer, hiking, walking on grass/uneven surfaces |
| ix. Cancelled annual neighborhood Halloween party
a. Was not able to go trick-or-treating with children for the first time |
10. Future inconvenience.
| Future Inconvenience |
| i. Ongoing difficulty with any movement which requires putting weight on the ball of foot/pressure on the ankle
a. Reaching up overhead, squatting, kneeling b. Climbing ladders |
| ii. Impending surgery, recovery, rehabilitation |
| iii. Annual follow-up visits, including scans |
| iv. “Not able to fully participate in many of the activities I once enjoyed.” |
a. Ongoing difficulty with any movements, future surgery, future follow-up visits.
Call, or contact us for a free consult. Also see the post on this site dealing with proving damages issues.
