Proving Pain and Suffering in a Personal Injury Case

In personal injury cases, measuring pain and suffering is a complex but necessary task. This non-economic damage compensates for the physical and emotional distress caused by an injury. Effective documentation and legal strategy are key to establishing a compelling claim.

Understanding Pain and Suffering

Physical Pain

Chronic back pain, headaches, or any continuous bodily discomfort due to the injury. Physical pain limits the ability to perform many activities.

Emotional Distress or Suffering

Mental anguish from the trauma of the accident or the frustration of dealing with limitations caused by injuries. Emotional distress can lead to loss of enjoyment of life in general and can lead to depression and other mental health conditions.

Legal Standards for Proving Pain and Suffering

The Burden of Proof

The victim must prove that pain and suffering directly result from the defendant’s actions. This involves a balance of probabilities, indicating it is more likely than not that the incident caused the pain.

Credibility of the Claimant

The victim’s believability plays a significant role. Consistent, honest reporting of symptoms and impacts on life adds weight to the claims.

Collecting Evidence

Medical Records

Comprehensive medical records are the cornerstone of proving physical pain. These should detail the injuries, treatments, prognosis, and any references to ongoing pain.

Expert Testimony

Based on the injuries, physicians and psychologists can provide expert opinions on the expected duration and intensity of the victim’s pain and suffering.

Personal Journal

A daily log describing the pain levels and their impact on daily activities can personalize and strengthen the case.

Testimonials from Family and Friends

Statements from close relations can help corroborate how the injuries have altered the victim’s lifestyle and emotional well-being.

Calculating Pain and Suffering

Multiplier Method

Multiplies the actual damages (like medical bills and lost wages) by a number (usually between one and five) based on the severity of the pain and suffering.

Per Diem Method

This method assigns a daily compensation rate that adds up over the days the injury affects the victim. This method can incorporate future dates, such as emotional distress that may linger for longer than the physical injuries.

Conclusion

If you are struggling with pain and suffering from a personal injury, don’t attempt to prove pain and suffering alone. Contact Grewer Law Group for expert guidance and advocacy. Our experienced team is dedicated to securing the compensation you deserve, helping you to focus on recovery and rebuilding your life.