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Gerry Oginski
NY Accident Trial Lawyer
Welcome and thank you for joining me. I am Gerry Oginski in New York Medical Malpractice, an accident trial lawyer practicing law here in the City of New York.
Today’s topic is the Straight Truth about proving damages in your accident case. Your attorney is going to have to prove your injuries through various experts. They are going to have to bring in doctors, economists, vocational rehabilitation experts to show to a jury not only did you suffer injuries from the time of the accident up until the point of trial; but also, from the point of trial to the foreseeable future, for the remainder of your life, and how do they that?
They do that by bringing in your treating doctors so that your doctors can explain to a jury how the injuries have affected you. What treatment you received, and what treatment you can be expected to receive in the future.
Many times you may need to have additional treatment as a result of the injuries. You may need surgery, you may need rehabilitation therapy, and you may need medical supplies to help you. You may need additional care and treatment or hospitalization. And all those things that your doctor who has treated you would be able to explain to a jury, otherwise, they will not have a basis and a true understanding of the full extent of your injuries.
Sometimes, if you have been unable to work as a result of the accident, we may bring in somebody who is known as a vocational, rehabilitation expert. And what they are is they explain to a jury, that since you are no longer capable of doing the type of work you used to do. Let us say you were a brick layer, and now because you suffered fractures in your spine, you can no longer lift heavy things and that you are only qualified at this point to work in a job where you are sitting, for few hours a day because your back can no longer tolerate that type of work, and you can no longer stand for long periods of time.
In that instance, an expert in vocational rehabilitation will talk to the jury about the types of jobs that are currently out there in the marketplace and how much somebody who has that type of experience can earn and only by doing that can we show the significant difference between what you were earning and what you are able to earn currently. And that is it for today’s topic about the Straight Truth of Proving Damages in your New York accident case. Thank you for taking a few moments of your time to join me here in my office. I am Gerry Oginski, have a great day.
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