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Not all damage is visible after an accident. Physical injuries like broken bones and bruises are easy to document because of the hospital bills. However, the emotional impact can be hard to measure.
Pain and suffering damages are awarded to cover the non-economic impacts of an injury. Here are some of the effective ways personal injury attorneys prove pain and suffering.
Photo credit: Pexels
1. Medical Documents
Your medical record, which includes the doctor’s notes, diagnoses, and treatment plans, can be used to show the extent of your injuries that is not obvious. Things like prescriptions for pain relief or any other medication for psychological symptoms can also show the suffering you are enduring due to injuries.
If a doctor notes that you are experiencing chronic pain or emotional distress, this can add credibility to your claim.
2. Expert Testimony
Sometimes your words may not seem enough. To remove any doubts, a personal injury attorney may use expert witnesses to come in. Your doctor can speak on the severity of your physical pain, and therapists or psychologists can testify on the emotional toll of your injury.
If you have suffered PTSD (post-traumatic stress disorder), anxiety, mood disorders, or depression because of the accident, insights from experts carry more weight with insurance companies and in front of a jury.
3. Personal Journal
Your narration of what you are experiencing can help you prove pain and suffering. Keeping a daily journal or entry log where you note your pain levels and the struggles you are going through can paint a better picture of how the injury affected your life.
For example, writing about the things you can no longer enjoy in life, like taking a walk without pain, makes the suffering more real and relatable.
4. Photos and Videos
Photos and videos are generally important evidence in accidents. Photos of your injuries during different stages of healing can help tell a visual story. Additionally, videos of your strained movements or how your daily activities have been impacted can show what words sometimes cannot.
5. Testimony from Family and Friends
People who see you every day can speak about how much you have changed. Your family may share that your personality shifted during the accident.
For instance, you were once easy-going and bubbly, but since the accident, you tend to be more irritable and withdrawn. Statements from loved ones help to confirm that your pain is genuine and not in any way exaggerated.
6. Impact on Your Daily Life and Work
Think about all the small things you now struggle with, like cleaning the house or getting a good night’s sleep. Also, if your performance at work has suffered, this can be part of your pain and suffering. Statements from your employers, like changes in responsibilities and reduced working hours, can be used as evidence.
Conclusion
Pain and suffering may be invisible to the naked eye, but they are very real. You need enough documentation to prove this. Any proof, including mental health records, can justify your need for compensation. The more complete your story is, the stronger the claim will be.
Please be advised that our content is for informational purposes only and should not be used as a substitute for advice from a trained legal professional. Please seek the advice of a legal professional if you’re facing legal/law issues.
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