Proving Pain & Suffering

After an accident, if you are not at fault,  you can seek compensation for the physical pain and mental suffering you endured as a result. Even people who only have a cursory understanding of the law have questions regarding how this gets determined. Pain and suffering aren’t as quantifiable as other damages.

For example, the costs associated with your treatment have a specific dollar amount. Too, if you miss work, you can make a claim for the lost income. Pain and suffering do not have a specific figure that can be associated with them, it requires the jury (in a jury trial) to apply common sense and logic based on the facts that have been presented as evidence.

Insurance Companies

It is essential to understand how insurance companies view pain and suffering rather than a judge or a jury. Why? Many accidents (e.g., car accidents) result in settlements through an insurance company and never end up in a courtroom. An experienced personal injury lawyer knows how a jury might value the pain and suffering and is able to argue that to the adjuster, and of course can take your case to that level if it is in your interest—but many claims can be resolved without it. 

Although pain and suffering is not as quantifiable or tangible as other factors, they are important elements of it. How much medical treatment did your injury require? How serious was the injury? 

The more serious the injury, and the longer the healing process, the more significant is the pain and suffering. Insurance adjusters like to have formulas to arrive at settlement amounts. An experienced injury lawyer will explain why their formulas do not apply to your case. 

How To Prove It 

It is important to remember that you play a role in your personal injury claim. You may convey your pain to your doctor in the descriptive terms necessary to convey exactly what it feels like. By making your doctor’s appointments and following your doctors advice, it may help to photograph your injuries like bruising.

If medical records play into the equation of determining pain and suffering, you must do your part to ensure they get created accurately. By taking an active role and following treatment protocols, you are giving your case the best chance it has to prove your levels of pain and suffering.

The Law Offices of Jason E. Taylor

Another critical element of winning your case is having the right team. If most car accidents are settled before trial, you need a lawyer who understands how much your claim is truly worth. This includes you, your doctors, and your attorney. For an experienced legal team who will fight for you (even if it goes to trial), contact The Law Offices of Jason E. Taylor for a free consultation.



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