When someone is injured due to an accident or negligence, they often experience physical pain, emotional distress, and mental anguish. In personal injury claims, pain and suffering are significant factors in determining the compensation a person may receive.
However, proving pain and suffering can be challenging. It requires more than just showing the injury itself; it involves demonstrating how the injury has impacted one’s daily life.
Documenting physical injuries
The first step in proving pain and suffering is to document all physical injuries. Medical records, including hospital visits, diagnoses, treatments, and physical therapy sessions, serve as essential evidence. These records show the extent of the injury and provide a timeline of treatment, helping to prove the lasting effects on the injured person’s life.
Gathering witness testimony
Witness testimony can play a crucial role in proving pain and suffering. Family members, friends, and co-workers who have seen the person struggle with daily tasks or noticed behavioral changes can offer valuable insights. These witnesses can attest to the emotional and physical toll the injury has had, which may not always be evident in medical records alone.
Keeping a pain journal
One of the most effective ways to prove pain and suffering is by keeping a pain journal. This journal should include daily entries detailing the intensity of pain, the emotional impact, and any changes in lifestyle caused by the injury. A well-maintained journal can provide compelling evidence that demonstrates the ongoing nature of the person’s suffering.
Consulting with expert witnesses
In some cases, expert witnesses such as medical professionals or licensed psychologists may be necessary to explain the full extent of the pain and suffering. These experts can testify about the long-term effects of the injury and how it impacts the person’s ability to function mentally and physically.