Proof of Pain & Suffering in PI Cases
October 4, 2021
The assessment of pain and suffering damages is different for each claim because the circumstances of each injury victim from before the accident will vary, and injuries impact everyone differently.
Physical Injuries
Physical injuries often take away from a person’s ability to do or enjoy what they did before the accident. People may not be able to continue to work in their career or they may have trouble engaging in activities with their children or have difficulty participating in hobbies and doing things they are passionate about, etc. Some injury victims lose their abilities completely, but most people end up pushing through pain to do the things they need to do and used to love to do, usually with much less frequency than before. These impacts fall under the umbrella of “pain and suffering.”
Psychological Injuries
Psychological injuries can also hold people back from various opportunities or activities, whether those be at work, in their free time activities, or in their relationships. Many injury victims suffer setbacks in their mental health, self-confidence, or have increased anxiety or depression. These impacts on quality of life also fall under what is known as “pain and suffering.” Those with cognitive injuries, and the associated impact on their level of function, may also have their relationships impacted and deal with daily struggles doing the activities they took for granted before the accident happened.
Several methods to prove pain and suffering can be employed in a claim for personal injury or medical malpractice compensation. Some documents used to prove that your pain and suffering exist include:
- Medical bills
- Medical records
- Medical prognosis
- Expert testimony
- Pictures of your injuries
- Psychiatric records
Every case of personal injury, medical malpractice, or negligence comes with its own set of circumstances. Working with an expert can help accurately value your claim for compensation.
A successful claim for your personal injuries means proving relevant elements, and along with proving pain and suffering, the law also requires you to assign value to it. Saponaro, Inc. can assist with identifying the extent of injuries sustained, as well as assist with the value of the claim.
The professionals listed below can explain the negligence and/or how pain and disability affects a person and the emotional impact it has a on a person’s life. The information they gather can allow a jury to realize the full impact of an injury:
- Premises Liability (Slip, trip and fall)
- Psychiatry
- Vocational & Rehab
- Life Care Planning
- Economists
- Forensic pathology
- Medical Illustration
These professionals can explain how pain and disability affects a person and the emotional impact it has a on a person’s life. This information can allow a jury to realize the full impact of an injury.
Need an expert for your case? Contact us today.