How to Prove Pain and Suffering After an Accident

personal injury attorneys

You can suffer from two types of pain when you get into an accident. One is physical pain, and the second one is mental anguish accompanied by the injury. One can’t see pain as it’s not something tangible or visible. A medical practitioner can observe symptoms of pain, such as limited range of motion, but this is only an indicator of pain. And even if one can’t deny that you’re in pain, it can be difficult to determine just how severe that pain is, as people have different pain thresholds. If you’ve been in an accident, how do you prove pain and suffering? Here are some ways to help.

Medical Records

One of the pieces of evidence you’ll need is your medical records. If you get medical attention after an accident, the hospital will document the injury and the follow-up care required. The personal injury attorneys at will scrutinize those documents for important information to help your case. A lawyer looks at details like:

  • A diagnosis and prognosis of the injury
  • The expected course and length of treatment
  • The benefits and risks of the suggested treatment
  • The challenges accompanying the recovery process

This lets the lawyer determine how much settlement you should get as compensation for the damage suffered. At the same time, the records can show the procedures, testing, and surgeries done and which medical supplies or equipment you need to recover.

Testimony from the Victim, Friends, and Family

Another piece of evidence that can help prove your case is written testimony from you and your loved ones. This will require you to keep a journal that tracks your level of pain and emotions during the recovery journey. Written testimony from those close to you can also help. These people can testify how the pain has affected or changed your life. For instance, a spouse can claim that the victim’s condition has affected their ability to be intimate. A neighbor can testify that you find it hard to walk to the mailbox to get your mail. Different perspectives shed more light on the level of pain and suffering you have experienced because of the injury.

Photographs, Voice Recordings, and Videos

Pictures and videos are powerful as they elicit an emotional reaction. That’s why your personal injury attorney will collect video and photographic evidence to help negotiate the settlement. For instance, if you’ve suffered a traumatic brain injury, the attorney will include evidence of the x-ray images showing how severe the injury is. A lawyer can also bring in a medical expert witness to explain those injuries and how they are likely to affect your life. 911 call recordings also carry weight in serious accidents, especially if the caller’s voice shows panic. Such calls can evoke an emotional response from the jury.

An Expert Testimony

There are certain aspects of a personal injury case that are difficult to prove or understand if you lack specialized training. If you and the responsible party failed to come to an agreement during settlement negotiations, you’ll go to court. Having the testimony of a reputable and highly credentialed expert in a certain field is very valuable. For instance, if you suffer from PTSD after an accident, a mental health expert can testify on your behalf to support the case. Or, if you have to go through physical therapy after an injury, the occupational therapist can give expert testimony in your favor.

When you have suffered pain and suffering after an accident, let a personal injury lawyer help. They are more experienced in this field and will know how to prove your case. This also enables you to recover in peace, knowing that a professional is in your corner fighting for you. Learn more about the legal actions you can take after an accident, on this website:

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