How to Prove Pain and Suffering Damages?

If someone’s negligent actions injure you or someone you love, you have the right to file a claim for personal injury damages. Included in this claim can be pain and suffering compensation. However, before you can receive any compensation for it, you’ll have to gather evidence for pain and suffering damages. That can be as challenging as its sounds, but proving pain and suffering damages can be the key to securing fair compensation. It’s always a good idea to talk with a personal injury attorney you can trust to help navigate you through the process. Here’s how to prove pain and suffering damages.

How to Prove Pain and Suffering Damages

Types of Pain and Suffering Damages

Physical Pain and Suffering

Accidents can leave you severely injured, negatively impacting your daily life. Some common physical injuries include back problems, traumatic brain injuries, broken bones, and organ damage. However, not all physical injuries need to appear visibly for you to file a claim. This is especially true for cases of organ damage or brain trauma.

Emotional Pain and Suffering

An accident doesn’t just have the power to hurt you physically but traumatize you as well. The emotional toll that you can suffer from your accident could have a lasting effect on your mental state. Emotional distress damages include post-traumatic stress disorder, cognitive issues, insomnia, anxiety, and more.

Loss of Enjoyment of Life

Following an accident, you might struggle to move forward with your life. The fear, pain, and suffering can all leave you feeling frustrated about what to do next. It can be easier to think negatively or lose enjoyment in your normal activities—especially if you’re unable to perform them.

Factors that Affect Pain and Suffering Damages

• Severity of the Injury or Illness
  Simply put, the more severe the injuries, the more likely you are to face huge medical bills. Not to mention you might not be able to work, causing you to miss out on wages. This factor will typically increase the payout you receive from the insurance company. However, don’t expect them to give you the amount you deserve. For that, you need to hire a personal injury attorney who knows how to push the insurance company to give you fair compensation.
• Duration of the Pain and Suffering
  Just like the severity of your injuries, the duration of your recovery period will likely mean you’ll rack up a big medical bill. This will ultimately increase the value of your claim. However, if you go through a quick recovery, it can diminish your claim’s value. Either way, it’s important to document and hold onto any receipts you receive during your recovery.
• Impact on Daily Life and Activities
  Injuries are likely to affect your day-to-day activity. This doesn’t just include not being able to work—this is about your overall quality of life. The pain and suffering you incurred will likely affect your overall happiness and enjoyment in life as well as your health and comfort. If your injury causes you to enjoy less from your life, then you can expect a higher settlement amount for your claim.
• Psychological Effects
  It’s quite common for accident victims to experience some form of psychological trauma, such as PTSD. These are serious conditions that can affect several aspects of a person’s life. From the fear of an accident happening again to restless nights thinking about the accident, the psychological effects of an accident cannot be understated.
• Pre-Existing Conditions
  One of the first things your attorney and the negligent patient’s insurance provider will want to know is whether you have a pre-existing condition. The insurance company will use this information to attempt to diminish your claim, while your attorney will use it to calculate the merits of your case. For example, if you had back issues prior to the accident, it could be a talking point for the insurance company to say your new injuries were not as severe as your claim states.

Evidence to Prove Pain and Suffering Damages

• Medical Records
  Did your accident cause you to stay in a hospital or visit an urgent care facility or emergency room? You need to gather any documentation that shows the type and extent of your injuries, treatments used, and any procedures you underwent or will need.
• Witness Testimony
  Were there other people present at the time of your accident? They could vouch for the extent of your pain and suffering. The trouble is tracking down witnesses. It may not have been possible to collect witness information at the time of your accident. However, you can try reaching out through community forums and visiting the site of the accident to see if anyone saw what happened.
• Expert Testimony
  The doctors, nurses, and physical therapists that provided treatment can also be asked to testify about pain and suffering. They can provide an expert opinion about your injuries and how they affected your life.
• Personal Diary or Journal
  Following your injury, it is advised that you keep a journal that details how your injuries are affecting your life. Writing about your injuries and how they impact your life can be used by your attorney to help prove your pain and suffering. In the journal, you should describe in detail how even performing the most routine task has become more difficult.
  Photos or Videos
  Was someone able to capture photos or videos of the accident? What about the injuries you suffered? These can all help your claim because they clearly show how much you’ve suffered or are still suffering.

Common Challenges in Proving Pain and Suffering Damages

• Lack of Objective Evidence
  When filing a claim for pain and suffering, you’ll need to present clear, objective evidence. Your argument must be logical and based on hard facts. Objective evidence can be proven through detailed medical records, photos and videos, lost wages, and expert testimony.
• Inconsistencies in Testimony
  Your account of the event must be consistent throughout the claim process. Any inconsistencies will be picked on by a jury or the negligent party’s insurance company. Don’t withhold even the most minor details when describing your version of the incident. For example, if you tell your doctor how your pain is stopping you from working, but you tell your physical therapist that you’re feeling better already, a jury might find that questionable.
• Pre-Existing Conditions or Injuries
  If you have a pre-existing condition, the insurance company that’s on the hook for your claim may try to use it to lowball your settlement. Ensure you are transparent about any injuries you suffered in the past when talking to a personal injury attorney in New Mexico. They’ll help establish this in your medical records and ensure you can still receive fair compensation.
• Credibility Issues
  Credibility goes hand-in-hand with testimony consistency. If a jury feels you are credible when describing your pain and suffering, you stand a better chance at getting the compensation you deserve. However, inconsistencies in describing symptoms or circumstances or exaggerations could cause them to find you less credible.

Strategies for Proving Pain and Suffering Damages

• Seek Medical Attention Promptly
  Following your injury, you should waste no time seeking medical attention. First, this can help you recover and catch any underlying issues that may not be noticeable right away. Seeking medical attention can also help prove your pain and suffering by ensuring you have medical records. It also shows the extent of your injuries and how they can impact your health.
• Keep a Record of Symptoms and Treatments
  Some injuries could require medical procedures or various treatments to help you make a full recovery. Every stitch and surgery needs to be documented to help prove your pain and suffering claim. Medical procedures and treatments are often expensive. As the victim of someone else’s actions, you should not be responsible for those expenses.
• Be Honest and Consistent in Testimony
  Honesty is the best policy when proving pain and suffering damages. Exaggerating or lying about the extent of your injuries or how they’ve impacted your life will only hurt your claim. A jury nor an insurance company will accept inconsistent testimonies. Ensure you have your story straight and practice it with your attorney.
• Consider Hiring an Expert Witness
  Allowing a doctor, nurse, or someone else who provided you with treatment or care to take the stand can help your claim. Expert witnesses can provide a truly objective view of your injury, pain, and suffering. This is sure to help a jury find your pain and suffering to be more credible.

Work With an Experienced Personal Injury Attorney in New Mexico

When it comes to your pain and suffering, you should never settle for anything less than you deserve. But that can be a daunting task when you’re struggling to deal with your injuries, lost wages, and mounting medical expenses. That’s why you should hire a personal injury attorney from Shapiro Law Team. Our award-winning team has helped clients secure millions of dollars in compensation—and we’re ready to do the same for you.

Our practice accepts cases throughout New Mexico. If you believe you have grounds for a case, call us at (505) 209-8151 for a free consultation. We’re ready to deliver superior representation for your case.