The recent opinion in a wrongful death case Gregory v. Chohan has left questions about the amount of noneconomic damages which can be recovered in an injury or death case. Examples of Noneconomic damages would include for injury cases mental anguish, pain and suffering, and loss of physical ability and in wrongful death cases the loss of love, society and companionship and mental anguish caused to the family by the death. Our attorneys representing injured parties are active in establishing how to keep on appeal hard-fought noneconomic damages for our clients.

What we do know is, to get and keep noneconomic damages, we must provide evidence of the nature, duration and severity for these claims to support the client’s loss and establish a rational connection between the injury suffered and the amount awarded. The jury must get a clear sense of how long the injuries have impacted the client’s life and how those injuries will impact the client’s life in the future. The law in this area is still developing but at Webb, Stokes & Sparks we will work with our clients to establish this evidence and present it to the jury so that all damage awards will be paid.