How Can I Prove My Pain and Suffering?
There are various ways to prove your pain and suffering after a car accident. The more evidence presented –such as photos, testimony from family and friends, and personal journals –the more likely you are to receive a fair settlement.
After a car accident for which you were not at-fault and seriously injured, obtaining legal counsel as soon as possible is critical. Your lawyer will advise you on how to document your pain and suffering as you recuperate to help your claim.
The first thing any person must do after a car accident is to seek immediate medical attention. That is not generally an issue if the injury was serious, but some people think they were not hurt after the accident or that their injuries are inconsequential. With some injuries, pain is not present immediately. Failure to receive prompt medical care will harm your claim with the insurance company and especially your pursuit of pain and suffering damages.
A Los Angeles car accident attorney at Ellis Injury Law can help you receive the maximum compensation for your injuries. Our dedicated lawyers have recovered more than $350 million for clients in verdicts and settlements.
Pain and suffering
Pain and suffering include more than just the physical pain from an injury. The suffering element involves mental anguish, loss of enjoyment of life, anxiety, and depression, and other emotional or mental factors.
When it comes to pain and suffering, no two cases are the same. Two people may endure similar injuries, but one recovers more quickly and does not experience the same level of pain and suffering as the other. Keeping a daily journal during recovery records the level of pain experienced on any given day. The patient should also record their mental and emotional state on a daily basis.
Factors influencing compensation
The severity of the injury and length of recovery plays a major role in determining compensation for pain and suffering. If the injury resulted in permanent impairment, the award is larger than someone expected to recover fully. A doctor provides a medical assessment, including prognosis and whether further medical treatment, including surgery, is necessary. If the patient has physical restrictions due to the injury, the physician will outline them.
If the injury left a permanent scar, the plaintiff is likely to receive more money than with an injury leaving little physical evidence behind. Scarring is a disfigurement.
While physical injuries are relatively easy to prove, that is not necessarily the case with the “suffering” component. When the injured party pursues compensation for mental anguish, depression, PTSD, and similar conditions, they should have proof of diagnosis and treatment by a mental health provider. Some plaintiffs must take medication to deal with their emotional pain.
The plaintiff must show how the injury has impacted their life. For example, the injury might mean they can no longer engage in physical activities that once comprised a good part of their time. Maybe travel is out of the question, or they must now pay someone to do house and yard work they previously did on their own.
The injury may have affected their work, and perhaps they cannot perform the duties of their former job or any job at all. The person may no longer have the ability to care for themselves and will require lifetime assistance. Family members might testify that the individual’s personality and behavior have changed drastically since the injury, and the person seems disconnected from friends and loved ones.
Contact a Los Angeles car accident lawyer
If you were seriously injured in a motor vehicle accident due to another party’s negligence, you deserve compensation for your pain and suffering. An experienced car accident attorney at Ellis Injury Law can help put a value on your pain and suffering, based on your situation. While there is no automatic formula used to determine pain and suffering damages, there are methods used that can establish the basic parameters. Expert testimony can help determine how much an injury is worth when it comes to pain and suffering.
Schedule a confidential, free consultation by calling or texting 24/7, or completing our online form. Because we work on a contingency basis, there is no fee unless you receive compensation.