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

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.).