How To Prove Pain and Suffering

by Shulman Hill

You can prove pain and suffering by keeping a journal about how you feel. Evidence like your medical records and statements from your friends, family, and doctors can also be used to prove pain and suffering.

In a personal injury case, compensation for the injured person’s pain and suffering may be available. Because this non-economic damage is personal and intangible, it can be hard to prove the extent of somebody’s pain and suffering. Our personal injury lawyers can help you prove you deserve compensation.

Evidence Commonly Used To Prove Pain and Suffering

Young Injured Man in a Hospital Room Sitting Alone in Pain Looking Negative and Worried About His Bad Condition

Every personal injury case is unique, and the types of evidence used to prove pain and suffering will depend on the circumstances of the injury, who is at fault, and where the incident occurred.

One way to prove your pain and suffering is through evidence. Evidence of pain and suffering may include:

  • Testimony from the injured person: As the injured person, your testimony is often a crucial component in a personal injury case. You may be asked to make statements about your injuries and the effects they had on your life. You may explain the types of pain and discomfort you experience because of the injury, how frequently you experience this pain, and how the pain prevents you from leading a normal life.
  • Medical records: Your medical records will show the types of injuries you sustained during the incident. The records will also show the types of ongoing care, such as physical therapy, needed for you to recover. Hospital records, doctor’s office records, and receipts from the pharmacy are just some of the medical records that may be used to prove pain and suffering in a personal injury case.
  • Statements from medical experts: It can be difficult to understand the true pain and suffering experienced by a person just by looking at their medical records. Often, insight from a doctor or other medical professional is needed to contextualize the medical issues and discomfort caused by an injury. A medical professional may offer expert opinions regarding the type and severity of the suffering you have gone through and are going through currently. Our law firm is experienced in working with professionals to build a case with robust evidence.
  • Testimony from the injured person’s friends and family: Your family, friends, and coworkers may be able to shed light on your pain and suffering. These individuals may be asked to give statements about how they have seen you suffering because of your injuries. For example, your spouse may attest to how your injuries keep you up at night or prevent you from enjoying everyday experiences.

The Importance of Keeping a Pain Journal

Person Using Laptop and Notebook for Virtual Pain Journal

It’s important for you to keep records of your pain and suffering. Some benefits of keeping a journal that describes how you feel include:

  • You can explain how you felt even after the pain subsided: Right after your personal injury accident, it’s likely that you will be in a lot of pain. Days after the accident, you may be on pain medication that keeps your discomfort at bay. You need to draw on your memories of how you felt right after the accident.
  • You can easily keep track of any photos or videos you have: You may choose to keep a virtual pain journal. In it, you can attach photos and videos of your injuries and how you are progressing.
  • You can take note of new symptoms as they appear: If you notice your injuries are not healing as expected, or new symptoms are appearing, you can write them down. This may make it easier for you to discuss your condition with your doctor. Our legal team can also use this information when we demand compensation for your pain and suffering.

Our Law Firm Can Help You Prove Pain and Suffering

Our team can work to secure the evidence needed to prove pain and suffering as well as any other damages you suffered. You do not have to build your legal case alone.

Shulman & Hill has secured many six and seven-figure settlements for injured clients. The total amount of compensation we have helped New Yorkers secure exceeds $300 million. We’re ready to help you with your case. We serve Manhattan, Brooklyn, Queens, Staten Island, the Bronx, as well as New York State and New Jersey.

We offer free initial consultations when you call us at 866.880.0645. Get started by calling us today.

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