How to Prove Pain and Suffering in a Personal Injury Case?


Proving Pain and Suffering

Calculating the claim value of your physical injury can sometimes be as easy as just calculating your medical bills. But in most cases, personal injury cases are never so simple. Calculating the cost of your pain and suffering can be a great deal more complicated.

Pain and suffering can be the emotional trauma or physical pain following an accident or an injury, which otherwise would not have occurred. Pain and suffering are neglected in cases often as most victims may focus only on the physical injury itself. Compensation for pain and suffering is a key factor in your compensation and road to recovery.

There isn’t always a perfect road map to establish the cost of your pain and suffering in your claim but you can use the list below for some guidance on how to substantiate your claim.

  • Documentation of any and all medical visits which include counseling/therapy.
  • Documentation by either a counselor, medical professional, or therapist establishing the after-effects following the injury and how it will serve to be a hindrance in your everyday life.
  • 3rd Party reviewal of the above documentation to further corroborate the significance of the damages.
  • Testimonials by colleagues, co-workers, friends, and family to shed further insight on the extent of your injury and how it changed you and your daily routines.
  • Documentation and journaling by you which establishes the pain you are feeling, the effects on your mental well being, and how it has affected your day to day routine.

Documentation may help you in your personal injury case as it creates a clear and factual depiction of what you are truly experiencing and is not just hearsay. Though it may seem like a tough task, it is crucial for you to gather and acquire as much documentation as possible.

Following the above step taken on your behalf, you may be wondering, how the following is then calculated. Although there is no set formula, we can establish some of the many variables that get factored in to establish the monetary value of pain and suffering damages:

  • Level of negligence shown by the defendant in the event of an accident/case.
  • The severity of injuries experienced by the victim.
  • Impact on the emotional/mental being of the victim due to the accident/injury.
  • Affect on employment and the ability of you to perform tasks of employment.
  • Recovery time for the injury and limitations caused by it.

All personal injury cases are different and the above should is only to help better understand personal injury cases. It is always recommended to hire a seasoned personal injury lawyer.

If you or someone you know has been injured in an accident of any kind and has suffered the after-effects of pain and suffering, call our Hadi Law Firm Office at (832) 433-7977 to have a representative assist you immediately. Our experienced personal injury lawyers are ready to fight for you and the justice you deserve.

November 27, 2020
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