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Advice for Prove-Up Hearings in Default Judgments in Personal Injury Cases

4/3/2013

8 Comments

 
The final stage of obtaining a default judgment in a personal injury case from the defendant who failed to file an answer in a lawsuit and is avoiding the process is a "prove up" hearing. This is the hearing where you would have to prove the damages you are claiming, including any special damages (wage loss, medical expenses, etc.) and general damages (emotional disstres and pain and suffering). In some ways, this hearing is just like trial testimony. Your attorney will be asking your questions and and having you testify about the facts of your case, the incident that lead to your injury, the treatment you undewent and that you were advised you might need in the future, and how the injury affected your daily life activities as well as your emotional state.

The major advantage of this kind of hearing is that the other side will not be present there. They will not have an opportunity to testify or object to your testimony, and the judge will make the ruling based solely on the Plaintiff's testimony and any evidence presented.

If you are the Plaintiff who is supposed to be testifying at such default prove up hearing, makes sure that your attorney spends sufficient time with you, rehearsing your testimony and making sure that you know what to expect and how to testify, so that he is able to elicit all the necessarily information for you in court the best and the most effective way possible, in order to prove both your special damages (wage loss, medical expenses, out of pocket costs) as well as general damages (emotional distress, pain and suffering, etc.). 
8 Comments
Tez link
6/28/2021 06:36:23 pm

I didn't know that certain hearings didn't have the opposition present. I need to get a lawyer to defend my wife's DUI case. She accidentally ran over a pedestrian in her truck while drunk.

Reply
Tex Hooper link
11/24/2021 03:33:25 pm

Thank you are for going into the legal rules with opposition. My sister is getting sued for defamation and she doesn't know how to navigate the legal loopholes. I'll have to hire her a lawyer who has experience in defamation defense.

Reply
Hailey Miller link
3/5/2022 07:58:19 pm

It got me when you said that attorneys will ask questions on how an incident leads to an injury. This is informative because my husband got serious head wounds while doing his work at the construction site last night. Thanks to this article, we now understand that we should find a personal injury attorney who can help him get the compensation he deserves for medical bills and lost wages.

Reply
Orange County Divorce Attorney link
7/16/2022 12:34:38 pm

Making sure that you know what to expect and how to testify, so that he is able to elicit all the necessarily information for you in court the best I’m so thankful for your helpful post!

Reply
Orange County Family Law Attorney link
7/16/2022 12:55:15 pm

The judge will make the ruling based solely on the Plaintiff's testimony and any evidence presented. Thank you for sharing your great post!

Reply
Tex Hooper link
8/18/2022 02:21:49 pm

I like how you outlined a lot of the legal process. I need to get an attorney to help with my sister's divorce. Her ex is going after the kids.

Reply
Ted Harrod link
6/27/2023 09:20:58 am

They will not have an opportunity to testify or object to your testimony, and the judge will make the ruling based solely on the plaintiff's testimony. I’m so thankful for your helpful post!

Reply
Real Human link
6/13/2025 01:14:55 pm

I love the obviously AI generated BS comments. Ain't technology grand?!

Reply



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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case