If you've suffered an injury in an accident that wasn't your fault, you may be dealing with a lot of pain. This pain can affect your body, emotions, and life. You deserve to receive payment for everything you're experiencing. But the insurance company won't just take your word for it. You need to show how much you’re hurting to secure the compensation you deserve.
This is where a personal injury lawyer can help. They know what it takes to show the insurance company or the court how badly you've suffered an injury. A good lawyer will fight to get you paid for all the ways your pain has impacted your life.
Getting Medical Treatment is Key to Proving Pain and Suffering
One of the most important things you can do to prove your pain and suffering is to get medical treatment. Don't try to tough it out. Go see a doctor as soon as you can after your accident. Follow all of your doctor's orders and go to every appointment.
Your medical records will be a key piece of evidence. They show what injuries you suffered and how serious they are. Make sure to tell your doctor about all the ways you're hurting. Talk about the pain in your body and how it makes you feel. Describe how your injuries have changed your daily life.
Keep going to the doctor as long as you need to. Some injuries take a long time to heal. You may need surgery, physical therapy, medicines, or other treatments. Show that you're doing everything you can to get better. This will help prove that your injuries are serious and you need money to cover your costs.
A Personal Injury Lawyer Knows How to Prove Your Pain
Dealing with doctors, bills, and an insurance company can be difficult. You need someone who understands the system and knows how to get results. That's what a personal injury lawyer does.
The right lawyer will take the time to listen to your story. They will learn how your damages have affected your life. Then they will gather evidence to prove what you've been through, like:
Medical Records and Doctor's Notes
Your medical records are one of the most important pieces of evidence in your case. They document your injuries, treatment, and recovery process. A personal injury lawyer will get copies of all your medical records and review them carefully.
Doctor's notes are especially key. They detail your injuries, pain levels, and how your condition is improving (or not). Make sure to tell your doctor about all the ways your injuries are impacting you. Your lawyer will use this info to argue for fair compensation.
Photos of Your Injuries
A picture is worth a thousand words. Photos of your injuries can be powerful evidence of your pain and suffering. Take photos of your wounds, bruises, casts, surgical scars, and any other visible signs of trauma. Keep taking photos as you heal to document your recovery process.
A personal injury lawyer can use these photos to paint a vivid picture for the insurance company or jury. They help show the extent of your injuries in a way that medical records alone can't.
Statements from Friends and Family
Your friends and family see firsthand how your injuries have affected you. They can testify to your physical pain, emotional suffering, and the activities you can no longer do. A statement from a spouse or parent can be especially impactful in conveying your losses.
Your personal injury lawyer may ask your loved ones to write their observations. These statements give useful context to your medical records. They help show that your injuries have impacts beyond the hospital room.
Professional Medical Opinions
Medical professionals can be key witnesses in proving your pain and suffering. A professional can review your records and offer professional insight into your injuries, treatment needs, and long-term impacts. They can explain complex medical info in ways the jury can understand.
A personal injury lawyer may bring in professional testimony to strengthen your case. A statement from a respected medical authority can help show the validity and extent of your pain and suffering.
Records of Missed Work and Lost income
Injuries often force people to miss work. This leads to lost wages and financial strain. Carefully track any time you've had to take off work due to your injuries. Save any emails or notices from your employer about your absence.
A personal injury lawyer will use employment records and pay stubs to calculate your lost income. They can also estimate the value of any vacation days or opportunities you've had to pass up. This info helps prove that your injuries have cost you money on top of causing you pain.
A personal injury lawyer can also ensure you understand what your case is worth. They can estimate the full costs of your injuries now and in the future. This includes money for your medical bills, lost income if you can't work, and payment for your pain and suffering.
The costs of an injury can add up fast. Your health insurance may not cover everything. You cannot afford all the treatment you need. A personal injury lawyer can deal with the insurance company for you. They can work to get your bills paid and fight for the full amount you deserve.
Putting a Price on Pain and Suffering
In your case, you can get money for:
- Medical bills
- Lost income
- Property damage
- Pain and suffering
- Emotional distress
But putting a price on pain and suffering isn't easy. There are no set rules for deciding how much it's worth. It depends on the details of your case. Some of the things that can cause pain and suffering damages include:
How Bad Your Injuries Are
The severity of your injuries is a key factor in valuing your pain and suffering. In general, the more severely you're hurt, the more you can recover. Fractured bones, spinal cord injuries, traumatic brain injuries, disfigurement, and permanent disabilities tend to lead to higher awards compared to soft tissue injuries like whiplash or bruises.
Your personal injury lawyer will emphasize the seriousness of your injuries using your medical records and photos. The goal is to clarify to the insurance company and jury that you've suffered major trauma and deserve significant compensation.
What Kind of Treatment You Need
The type and amount of medical treatment you need also impact your pain and suffering damages. Injuries that require surgery, hospitalization, medical equipment, medication, and ongoing therapy are usually considered more severe and deserving of higher compensation.
Your lawyer will use your treatment records to show the full extent of the medical interventions your injuries demand. Even non-invasive treatments like chiropractic care can help demonstrate that your injuries are serious and causing you ongoing pain.
How Long It Will Take You to Recover
Some injuries heal in a few weeks or months. Others can take years to resolve or may leave you with permanent impairments. The longer your recovery time, the more pain and suffering you'll experience, and the higher your compensation should be.
Your personal injury lawyer will consult with your doctors or other medical professionals to get an informed estimate of your recovery timeline. If you require future surgeries, rehab, or long-term care, your lawyer will factor these needs and timeframes into your pain and suffering claim.
Whether You Will Have Long-Term Health Problems
Permanent injuries receive more compensation than those that heal completely. If your accident leaves you with chronic pain, reduced mobility, cognitive problems, scars, or other lasting issues, you deserve extra payment for the suffering you'll endure going forward.
Your lawyer will gather evidence and professional testimony about your long-term prognosis. They will use this to argue for an amount that fairly compensates the permanent impacts on your health and quality of life.
How Your Injuries Have Affected Your Daily Life
Your injuries may disrupt your day-to-day life in countless ways. Pain and disability can make it hard to do basic tasks like dressing, bathing, or preparing meals. You may have trouble sleeping, exercising, caring for your kids, maintaining your home, or being intimate with your spouse. All of these impacts deserve compensation.
Your personal injury lawyer will interview you and your loved ones about how your daily routine has changed. They may also have you keep a journal documenting your challenges. This evidence paints a clearer picture of the daily suffering you're facing.
Whether You've Had to Give Up Activities You Enjoy
Injuries can keep you from doing hobbies, sports, socializing, traveling, and other things that brought you joy before your accident. These lost opportunities are a real form of suffering that deserves payment.
Your lawyer will ask about the activities you can no longer do. They may have you make a list or describe a typical day, week, or month before and after your injuries. Calculating the value of lost enjoyment is challenging, but an experienced attorney knows how to convey these losses to a jury.
How the Injuries Have Impacted Your Relationships
Serious injuries change the way you interact with your family and friends. You cannot care for your kids, help your spouse, or be there for loved ones like before. Pain and limitations can strain your relationships and cause isolation and loneliness. These interpersonal impacts deserve compensation.
Your personal injury lawyer will gather statements from those closest to you about how your injuries have changed your relationships. They may also ask your counselor or religious leader to comment on what they've observed. This testimony conveys the full scope of what your injuries have cost you.
The Amount of Emotional Distress You're Dealing With
Physical injuries often come with emotional pain like depression, anxiety, anger, fear, sleeplessness, and mood swings. Coping with a serious injury drains you mentally and emotionally in ways that deserve compensation.
A personal injury lawyer will gather evidence of your emotional distress through your medical and therapy records and your testimony. In some cases, they may also have you assessed by a mental health professional. Conveying emotional suffering is difficult, but a skilled attorney knows how to demonstrate the mental impact of an injury.
A personal injury lawyer understands these factors. They know how to gather evidence of your pain and suffering. They can use your medical records, photos, witness statements, and professional opinions to clearly show what you've lost.
Don't Let the Insurance Company Push You Around
Remember, the insurance company is not on your side. No matter how friendly they seem, they aim to pay you as little as possible. They may offer you a quick settlement soon after your accident. But their offer will rarely cover the full costs of your injuries. If you take it, you can lose thousands of dollars you owe.
This is why you need a personal injury lawyer in your corner. Your lawyer can deal with the insurance company for you. They know the tricks insurance companies try to pull. A good lawyer won't let them get away with lowball offers or pressure you to settle fast.
A personal injury lawyer is a professional negotiator. They can argue for a fair payment for your pain and suffering. If the insurance company won't budge, your lawyer can file a lawsuit and take them to court. The threat of a suit is often enough to make insurance companies offer a better settlement.
Your lawyer can present evidence of your pain and suffering to the judge and jury in court. They can help them see how badly you've suffered an injury and how much money you need to be made whole. If you win, the court can order the insurance company to pay you the full amount you're asking for.
Get Help Proving Pain and Suffering
Proving pain and suffering after an accident is hard, but you don't have to do it alone. The smartest thing you can do is get a personal injury attorney.
Look for a lawyer who has handled cases like yours before. Ask about their approach and track record. Choose someone you feel comfortable with, who listens to you and fights for your needs. Most personal injury lawyers offer a free consultation, so you can get answers to your questions with no risk.
Your personal injury lawyer will guide you through every step of your case, from gathering evidence to negotiating with the insurance company to arguing in court if needed. They will stand up for your rights and work to get you the best possible outcome.
Learn more: What Questions Should I Ask a Personal Injury Lawyer?
Hire a Personal Injury Attorney to Secure Compensation for Pain and Suffering
You have nothing to lose by talking to a personal injury attorney. But you can have a lot to gain. The sooner you get a lawyer fighting for you, the better your chances of getting the full compensation you deserve for your pain and suffering.
Don't get left with the bill for an accident that wasn't your fault. Take action today to protect your health and your future. Call a personal injury lawyer to schedule a free consultation. Get the support needed to prove your pain and suffering and get every dollar you deserve.
