At examinations for discovery, the plaintiff will usually testify (or give undertakings to provide information) about medical and other expenses that have been incurred as a result of the injury to the patient.  On the basis of that evidence and information at discovery, the plaintiff and the defendant will usually agree on the amount of damages to be awarded for those expenses if the defendant is found liable at trial.

Often, the plaintiff and defendant will agree on the amounts to be awarded on other claims for damages if the defendant is found liable.  Those agreements are usually based on the assessment of counsel for the plaintiff and counsel for the defendant on the amount of damages that would likely be awarded.

When the plaintiff and the defendant have not agreed on the amount to be awarded on a claim for damages, the trial judge will determine that amount on the basis of evidence adduced at trial.

When the plaintiff and defendant have not agreed on the amount of damages to be awarded on a claim for damages for pain, suffering and loss of enjoyment of life, evidence will be adduced at trial about how the patient has been affected by the injury for which the damages are claimed.  The evidence is usually given by:

• the patient
   
• family and friends of the patient who have observed how the patient has been affected by the injury
   
• doctors and other practitioners who have diagnosed and treated the injury
   
• doctors and other practitioners who have assessed the nature and extent of the injury, for the purpose of the action (at the request of counsel for the plaintiff or counsel for the defendant)

When the plaintiff and the defendant have not agreed on the amount to be awarded on claims for damages for loss of income and household services in the past or for loss of capacity to earn income and perform household services in the future, the plaintiff and the defendant usually adduce the expert evidence of occupational therapists, vocational experts and economists on those claims.

When the plaintiff and the defendant have not agreed on the amount to be awarded on claims for damages for loss of financial support and household services to the patient's dependents (or loss of income to the patient's estate) resulting from a fatal injury to the patient, the plaintiff and the defendant usually adduce the expert evidence of economists on those claims.

In some actions, expert evidence is adduced by entering the written statement of the expert as an exhibit without the experts attending at trial to give oral evidence.  However, experts (other than economists) usually give oral evidence at trial.

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