Proving Pain and SufferingTrusted Content
Legally reviewed by:Erik Abrahamson, J.D. March 25, 2019
When you’ve been injured due to someone’s negligence, you’ve probably been seriously impacted financially. You’re most likely dealing with medical bills, lost time from work, and other economic expenses. However, it’s likely that you’re also suffering from some degree of pain and suffering as a result of your injuries. Pain and suffering refers to the physical and emotional stress you’ve experienced as the result of the accident. While economic damages such as medical bills and lost wages are relatively simple to demonstrate, proving pain and suffering can be more difficult.
Proving Pain and Suffering in a Car Accident Case
To recover for pain and suffering in a car accident case, a victim must prove that they have disabling or permanent injuries. Under Florida Law, in order to recover pain and suffering, a car accident victim must prove that they suffered:
- Significant and permanent loss of a bodily function
- Permanent injury
- Permanent scarring and/or disfigurement.
In order to prove pain and suffering in any kind of negligence case, it will be necessary to present medical evidence and documentation related to any treatment you received. Physicians can provide expert testimony about the extent of your injuries and whether any permanent recovery is expected. Psychiatrists and psychologists can discuss any effects the accident and your injuries have had on your mental health.
Your own testimony will be important evidence of your pain and suffering. Talking about your struggles and the pain you felt during the accident and continue to experience can be helpful in determining pain and suffering. A journal documenting the day to day struggles you face can also be useful evidence.
Sometimes words may not be enough to adequately describe what you go through on a daily basis. A “day in the life” video can show the struggles you face as the result of your injuries. It is important to connect your pain and suffering to the physical outcome of the accident.
Testimony from close friends and family members can also be used to prove pain and suffering. They can talk about the ways in which you have changed, and your life has changed since the accident and the effect that your injuries have on your relationships.
Contact an Experienced Accident Attorney
If you’ve been injured in an accident due to someone’s negligence, you should have an experienced personal injury attorney evaluate your case. At Abrahamson & Uiterwyk, we’ve been helping injured Floridians for over 30 years. Contact us online or call us at 1-800-538-4878 to set up your free consultation.