After a car accident, you may be suffering not only physical injuries but also emotional and psychological trauma. These non-economic damages, known as pain and suffering, are harder to quantify but are a big part of the equation when it comes to your car accident claim. Properly documenting and proving pain and suffering is necessary in order to strengthen your case.
What is Pain and Suffering?
Pain and suffering include physical pain from injuries as well as emotional suffering such as anxiety, depression, or loss of enjoyment of life. These intangible losses are hard to prove but are a big part of your total compensation.
Documenting Pain and Suffering
Documenting pain and suffering may seem hard, but there are ways to do it effectively.
Medical Records
Your medical records are key to proving physical pain. Doctors should document your injuries, treatment plans, pain levels, and recovery prognosis. Make sure every doctor’s visit, therapy session, and follow-up is documented, as this will show the severity of your pain.
Pain Journal
Keeping a pain journal is a great way to document the daily effects of your injuries. Record your pain levels, physical limitations, emotional struggles, and how the accident has affected your daily life. This journal will provide a clear and consistent timeline of your pain and suffering, which will be useful for your claim.
Testimony from Family and Friends
Testimonies from people who know you can support your claim. Friends, family, and co-workers can describe how the accident has changed your behavior, limited your activities, and affected your mood. Their accounts will give an objective view of how your injuries have affected your life.
Proving Pain and Suffering
Once you have documented your pain and suffering, proving these damages is next. Courts and insurance companies will consider the severity of your injuries, length of recovery, and overall impact on your quality of life.
Medical Expert Testimony
Medical expert testimony is key to proving pain and suffering. Doctors can testify about your injuries, recovery time, and long-term effects of your pain. A psychologist or therapist can also explain how the accident has affected your emotional well-being.
Visual Evidence
Photos or videos of your injuries, such as bruising or scarring, can be powerful evidence to show the physical impact of the accident. This visual proof will add substance to your claim.
Get Help Documenting Your Pain and Suffering Today
Documenting pain and suffering in a car accident claim requires evidence and documentation. Medical records, pain journals, witness testimony and expert opinions are all important to your case. For expert legal advice, Steinberg Injury Lawyers can help you document your pain and suffering and get you the compensation you deserve.
FAQs
1. Can I claim pain and suffering from a minor accident?
Yes, even minor accidents can cause pain and suffering depending on the injuries and emotional impact.
2. How long should I keep my pain journal?
For as long as you are recovering.
3. How do I calculate pain and suffering?
Pain and suffering is calculated by the multiplier method or per diem method depending on the severity of your injuries.
