Best Ways to Prove Pain and Suffering
Being seriously injured by someone else’s error can turn your whole world upside down. Suddenly, instead of living your life the way you always have, you have to deal with the pain and trauma of your injuries and the event that caused them. People often think of the physical pain that an injured person experiences. But what about how your physical injuries and the change they’ve caused in your life affect you mentally and emotionally?
The emotional trauma of being seriously injured due to another’s actions is often significant. You’ve had to be as strong to push through the physical pain of your injuries. The actions of the negligent party could be seared into your memory, leaving you to deal with the psychological impact of that experience as it manifests itself in all areas of your life. You may not be able to enjoy the same activities that you used to love doing because of the emotional effect your injuries have had on you. You may not be able to work in the same job you held before you were injured because your injuries have limited your physical mobility or cognitive abilities.
Pain and emotional suffering don’t disappear with the snap of your fingers. You could have to go through extensive therapy just to try to get back to some semblance of normalcy. You can pursue justice for what you’ve had to go through and may continue to grapple with for the foreseeable future. You deserve to be compensated for your pain and suffering by the person who caused it all.
Pursuing Compensation for Your Pain and Suffering
If someone causes you serious injury, you can take legal action against them so you can recover your financial losses. You can also obtain compensation for the psychological and emotional impact that their actions and your injuries have had on you. You must prove that the responsible party’s actions led to your injuries and what your injuries have cost you, both financially and emotionally.
The main part of proving your case so you can obtain full and fair compensation for your injuries is to prove that the other party was negligent. To prove negligence, you need to show that the other party failed to take the reasonable amount of care they should have taken not to harm you, and because of their actions, you suffered injuries. You’ll also have to show that you’ve suffered losses as a result of your injuries. You need to be compensated for those losses.
One of those losses is your pain and suffering.
How to Prove Your Pain and Suffering
While it can be hard to assign a value to the very real physical pain and emotional suffering you’ve experienced, you can provide evidence of it.
When you received medical treatment for your injuries, the medical professionals who treated you documented everything about your injuries. Your symptoms, their examination of you, your diagnoses, and all medical procedures that were done and treatment that was provided are documented in your medical record. While written documentation can’t specifically speak to your personal, emotional, and mental suffering, it can paint a picture of the extent of your injuries and the medical care that was required to promote your recovery. Your medical record could give insight into the pain you’ve been suffering due to your injuries, especially if your injuries were severe.
It’s important that you continue receiving treatment for your injuries and follow the treatment plan prescribed by your doctors. This supports your entitlement to compensation because you’ve followed through with the treatment you need to recover from your injuries. By showing that you’ve had to continue receiving treatment for your injuries, you’re further supporting how serious your injuries were. You’re also providing evidence of the day-to-day struggles of dealing with your injuries and how dealing with your injuries long-term has caused you more pain and more emotional suffering.
Medical experts could provide written or oral testimony about your injuries. Using their experience, direct knowledge, and expertise, a medical expert can review your medical records and give their professional opinion on your injuries and the effect your injuries are likely to have had on you. A medical expert in the field of psychology or psychiatry may also be able to speak to the psychological and emotional impact of your physical injuries and the negligent party’s actions.
Another element that can be used to prove your pain and suffering is your journal. From the date of the accident, if you can, record in your journal how the accident and your injuries have affected your daily life. Include notes about your mental state, whether you can manage your usual activities, and how your life is different after the accident. Your journal can be convincing contemporaneous evidence for the judge or jury, should your case go to court.