Proving Your Pain and SufferingTrusted Content
Legally reviewed by:Erik Abrahamson, J.D. February 21, 2019
If you been injured due to someone’s negligence, besides dealing with medical bills and lost time from work, you are probably experiencing a significant amount of pain and suffering. While proving economic damages such as lost wages and medical expenses is fairly simple, placing a monetary value on someone’s pain and suffering can be more complicated.
Factors Used to Determine Pain and Suffering
In determining pain and suffering, there are a number of factors that are taken into consideration, including:
- Severity of the injury
- The amount of physical pain caused by the injury and pain you might expect to experience in the future
- The limitations the injury has placed on your ability to participate in activities and whether these limitations are permanent or temporary
- The limitations the injury has placed on your ability to interact with your loved ones
- Any physical disfigurement or scarring that resulted from the injury
- Any mental disorders that resulted from the accident such as depression, anxiety or post-traumatic stress disorder
Proof of Pain and Suffering
There a number of different types of evidence that can be used to prove pain and suffering, including:
- Medical Records—medical documentation can help establish the severity of the injury and the pain it might be expected to cause. It can also provide information about any future pain and limitations an individual might have
- Victim Testimony—the testimony of the injury victim can be used to establish the pain they have sustained and how their life has changed since the injury. A victim’s statement should be detailed.
- Witness Testimony—the testimony and statements of friends and family can be used to establish how the victim has changed since the injury and how relationships have been affected
- Expert Witnesses—sometimes the testimony and statements of expert witnesses such as medical experts or accident reconstructionists can be used to establish the degree of pain and suffering
- Photos and Video—some injuries drastically change the way an individual lives their life and photographic, and video evidence can be used to demonstrate this. “Day in the life” videos can help establish what a victim suffers through now that they’ve been injured.
Contact a Trusted Attorney
Proving pain and suffering can be a complex matter. That’s why it’s important if you’ve been injured in an accident to have an experienced attorney evaluate your case. At Abrahamson & Uiterwyk, we have over 30 years of experience helping injured Floridians. Consultations are always free so contact us today online or call us at 1-800-538-4878 to schedule an appointment.