You may experience many different types of financial losses after an accident, such as medical expenses and lost wages. You also have the right to compensation for non-financial losses, such as pain and suffering.
The impact of a car accident often lasts for quite a long time and sometimes never goes away. You might suffer from post-traumatic stress disorder, be afraid to drive again or need therapy or counseling to work through the emotional trauma after your accident.
Although you have the right to request compensation for these types of non-financial losses, proving pain and suffering is often more challenging than proving other damages.
For example, if you request $10,000 in damages for medical expenses, evidence such as medical bills totaling $10,000 can help prove your claim.
Evidence of pain and suffering
But how do you prove something intangible such as pain and suffering? There are several ways to prove pain and suffering in a personal injury case.
Your medical bills and records may support a claim for pain and suffering. Medical records that describe the extent of your injuries, your treatment and any lingering effects from the injuries can help a judge or jury form an impression of the pain and suffering you are experiencing.
A medical record could state that you continue to suffer from headaches, seizures or other physical effects from the injury, which could give an idea of the pain and suffering you endure. Psychiatric or counseling records are also helpful.
Photographs of your injuries can also prove pain and suffering. Images that are shocking or graphic are often powerful evidence.
While employment records are helpful in proving lost wages, they can also prove pain and suffering. A record showing that you were out of work for weeks or months after the accident may be good evidence that you were in too much pain to work.
Don’t discount your own testimony
Your own testimony can prove pain and suffering. Detailed testimony about how the accident has affected your mental state and the steps you have taken to deal with it can increase your chance of receiving the pain and suffering damages you are asking for.
Additionally, you must establish how the injuries have affected your life. When testifying, you should describe how the injuries have impacted your daily life and discuss any temporary or permanent impairments or disfigurements you must live with.
Tips to increase your chance of receiving fair compensation
Deciding a reasonable amount of compensation for pain and suffering depends on the circumstances of each case. The negligent party and/or their insurance company will likely try to undervalue your claim for pain and suffering damages.
Keep seeing your doctor and following through with your treatment plan. This will prevent an argument that you contributed to your own pain and suffering.
Be careful what you say to insurance companies or during testimony under oath, such as during a deposition or at trial. Certain statements may be seen as you admitting you are at fault for your pain and suffering. Thorough preparation before making any statements is necessary.