When you’re injured due to someone else’s negligence, you might face more than just physical wounds. Emotional distress, anxiety, embarrassment, loss of enjoyment of life, and chronic pain—commonly referred to as pain and suffering—are real and compensable damages in a personal injury claim. Proving these intangible injuries can be complex, but there are clear ways to demonstrate the depth and impact of your pain and suffering.
Medical Documentation and Expert Testimony
One of the strongest ways to prove pain and suffering is through comprehensive medical documentation. Detailed records from your healthcare providers can clearly outline the physical and emotional distress you’ve experienced. Additionally, expert testimony from doctors, psychologists, and mental health professionals can provide authoritative insights into how your injuries have affected your overall well-being.
Personal Journals and Diaries
Keeping a personal journal or diary is extremely valuable when proving pain and suffering. Consistently document how the injury affects your daily life, including physical discomfort, emotional struggles, limitations on your activities, and disruptions to your routines. These personal records can vividly illustrate the ongoing impact of your injuries.
Witness Testimony
Friends, family, colleagues, and others close to you can offer powerful testimony regarding your pain and suffering. They can speak to noticeable changes in your mood, behaviors, and overall quality of life following your injury. Witnesses who have observed your struggles firsthand provide credibility and depth to your claim.
Photographic and Video Evidence
Visual evidence can effectively capture aspects of your suffering that words alone may not fully convey. Photos or videos demonstrating limitations in daily activities, treatments, or your emotional state post-injury can help the court or jury grasp the severity of your pain and suffering.
Professional Evaluations
In some cases, professional evaluations may be required to quantify pain and suffering. Vocational experts such as lifecare planners and economists can illustrate how your injury has impacted your ability to work, while mental health professionals like psychiatrists and psychologists can provide detailed evaluations regarding emotional trauma, anxiety, or depression resulting from your accident.
Documented Lifestyle Changes
Providing clear evidence of significant lifestyle changes can strengthen your claim for pain and suffering. This includes proof of missed activities, canceled events, or inability to engage in hobbies you previously enjoyed. Demonstrating how your daily routine and interactions with loved ones have been affected can make your pain and suffering claim compelling as well.
Role of an Experienced Personal Injury Attorney
An experienced personal injury attorney is invaluable in proving pain and suffering. A knowledgeable attorney understands precisely what type of evidence best communicates the severity of your emotional and physical distress and will guide you through compiling and presenting it effectively. Additionally, they will advocate aggressively on your behalf, ensuring you’re fairly compensated for every aspect of your loss.
When choosing an attorney, it is important to choose one with knowledge and experience. Perkins & Perkins has a proven track record of representing plaintiffs in a variety of personal injury cases. Our abilities are demonstrated by an $18,111,232.00 verdict we secured in 2022, which was recognized as the largest construction injury verdict in Texas, that year.
Perkins & Perkins offers free consultations and operates on a contingency fee basis for injury cases. This means that you pay nothing unless we recover damages for you. With our proven knowledge and experience, we stand ready to help you. Contact us today for a consultation to discuss your options and take the first step in claiming justice for a loved one.
