Personal injury victims can receive compensation for a variety of damages after getting hurt in an accident. Some of these damages are economic in nature, meaning you can easily estimate their value. Medical bills and lost income are two of the most prominent. However accident victims can also receive compensation for general damages like pain and suffering. A big question after a crash is how to prove pain and suffering. Unfortunately, you can’t count on insurance companies to accept your assertion that you feel pain. Instead, you need to amass as much evidence as possible to convince even the most skeptical insurance claims adjuster. In this article, we identify the main ways to prove personal injury pain and suffering and invite you to call West Law Firm Personal Injury Lawyers if you have questions. We are happy to offer a free consultation with a Moncks Corner, SC car accident lawyer.
Method #1: Go to the Hospital after an Accident
Most of our clients suffer pain as a result of bodily injuries, like fractures, concussions, pinched nerves, joint injuries, and more. You can document these injuries by going to the hospital and having diagnostic tests performed.
For example, if you broke a bone, then an x-ray should document it. An MRI can show soft-tissue injuries that an X-ray cannot capture, and a CT scan can illuminate brain injuries. These medical records help prove you suffered a serious injury that will cause pain.
Remember to hold onto any medical records or lab results you are given. Your attorney wants to see them.
What happens if you suffer pain and suffering without a physical injury? In that case, you might not be able to sue at all. Personal injury cases typically require some sort of offensive contact to the body. In limited situations, you might sue for intentional infliction of emotional distress. In that case, you can use the other methods listed below to document your emotional distress.
Method #2: Take Pictures of Your Injuries
As soon as you can, take photographs in vivid detail. For example, you might have suffered bruising, lacerations, abrasions, and fractures. You should ask someone to photograph all your injuries while they are still fresh. Make sure the lighting is adequate so that scars and bruises show up clearly.
By the time your case settles, most injuries will have healed and bruises will have faded. For this reason, it’s critical to document the severity as soon as possible.
Method #3: Keep Prescription Medication Bottles
Many of our clients take prescription drugs after an accident to treat:
- Bodily pain
- Depression
- Anxiety
- Post-traumatic stress disorder
- Other mental health disorders caused by accidents
Always hang onto your bottles after they are empty. We can use them to show how much medication you need to try and stabilize your condition. We might even put all of the empty bottles into a giant, clear plastic bag, which makes a dramatic piece of evidence.
Method #4: Keep a Daily Pain Journal
Buy a journal and write down how you are feeling every single day. This type of contemporaneous account is very persuasive. Yes, you can testify about how your injuries have affected you. However, having a daily journal where you immediately record how you are feeling is more compelling.
Include the following:
- Where you feel pain, including its intensity. For example, “Shooting pain in hip all night” or “Dull ache in shoulder after taking my pain medication.”
- How well you slept. Pain can keep people awake for most of the night, and you should note that fact.
- Your emotional state. Pain takes a toll on a person’s mental health. You might be cranky, depressed, or lethargic. Note how you feel mentally all day.
It’s important not to exaggerate. For example, most people can sleep at least a few hours at night, even when in pain. Don’t say, “up all night,” unless it is true. Exaggerating will only undermine your case.
Also, be honest about traveling while healing from your injuries. The trip could be excruciating, so be sure to write in detail how hard it was to travel. We really encourage you to keep notes daily.
Method #5: Have Your Doctor and Therapist Testify
A major problem with proving pain and suffering is proving your emotional distress or mental anguish. No one can see into your mind.
Also, an insurance adjuster might be skeptical that you are struggling as much as you claim.
You can ask your medical team to offer their professional opinion. Your doctor can offer testimony about your bodily pain. If you are seeing a therapist or psychologist, they can also provide a perspective on the mental effects.
Many people struggle with post-traumatic stress disorder following a car accident. One estimate is that over 40% of people who survive an accident will show signs of PTSD. This is a medical diagnosis for a real disorder. You might also undergo behavioral therapy to deal with the symptoms while taking prescription medications.
Method #5: Ask Family and Friends to Testify
The people closest to you can offer their perspective on how an accident has changed you. You might have been the life of the party with a bubbly personality. After a car accident, you suddenly become quiet and withdrawn. Your spouse, children, or friends can vividly portray how you have changed following an accident.
Some people hesitate to ask family members to talk about the accident because many personal injuries put intense stress on families.
We understand. It’s not unusual for family members who weren’t hurt in an accident to need therapy or group counseling to help them deal with a serious injury. Although speaking about this topic may be painful, it can also help strengthen a compensation claim.
Speak with a Personal Injury Attorney in Moncks Corner about Your Accident
Serving the Lowcountry since 1945, West Law Firm Personal Injury Lawyers has developed a reputation as fierce advocates for accident victims in South Carolina. Pain and suffering damages will make up a large part of many settlements. You should never simply accept what is offered by the insurance companies. They might minimize your pain and suffering. In fact, they try to pay as little as possible in most cases.
Instead, call us today to speak with one of our attorneys. We have negotiated many settlements for accident victims. We know what evidence works to prove pain and suffering, and we can help you gather medical records. If you haven’t yet started a pain journal, we can answer any questions.
Our consultations are free, and we don’t charge any upfront legal fees. There is no risk to calling!