If you suffer an injury because of someone’s negligence, you are entitled to compensation. Unlike other forms of damages and injuries, proving pain and suffering is the most difficult. This is because it isn’t easy to quantify pain and suffering compared to medical bills and lost wages.
Securing compensation for pain and suffering without a lawyer is next to impossible, as insurance companies will employ various strategies to lowball you. An attorney can ensure you get fair compensation. Here is what you need to know about proving pain and suffering in a personal injury case.
Types of Pain and Suffering
Pain and suffering can be grouped into two: physical and emotional. Physical pain and suffering refer to the discomfort victims go through, chronic pain, and long-term effects of the injuries, like permanent disabilities. Other conditions like migraines or back pain also fall under this category.
Emotional and psychological suffering is when accident victims go through emotional distress like depression, anxiety, PTSD, and loss of enjoyment in life. These issues can affect a victim’s daily life and routine.
Methods to Prove Pain and Suffering
Since pain and suffering are very subjective, getting strong evidence is very important in proving your claim. You can do this by:
Medical Records and Expert Testimony
Your medical records, such as doctor’s notes, prescriptions, and treatment history, can give evidence of your physical pain. Additionally, expert testimony from medical professionals can strengthen your case by explaining how the different injuries sustained impact your life.
Personal Testimony and Witness Statements
Your account of your pain and suffering is very valuable in a personal injury case. That’s why it is important to keep a journal of your experience to track your pain. Apart from the journal, you can provide a testimony of how your injuries affect your daily life, hobbies, and mental well-being. This can paint a better picture of your suffering.
Witness statements include your family, friends, and coworkers. They can provide proof by describing the changes they have noticed in your behavior, mood, and ability to lead your life as before.
Photos and Videos
Physical evidence can really make your case. Photos and videos documenting your injuries and medical treatment of physical limitations. It can help insurance adjusters and the judge understand the impact of the accident on your life.
Employment and Financial Impact
If your injuries have affected your ability to work, any proof of lost wages or diminished earning capacity can support your claim for pain and suffering. Statements from your employer and work performance records showing a decline can be used as evidence.
Why Should You Hire A Lawyer?
A skilled personal injury lawyer can help gather the necessary evidence and build a strong argument for your pain and suffering claim. They understand how to present good evidence and negotiate with insurance companies to ensure you receive fair compensation. Without proper legal representation, you may struggle to prove the full extent of your suffering.
Conclusion
Proving pain and suffering in a personal injury case requires thorough documentation and testimony. Since insurance companies often try to minimize these claims, working with an experienced personal injury lawyer can improve your chances of receiving fair compensation. So, if you’re suffering due to an accident, don’t hesitate to seek legal guidance to protect your rights.
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