How Do I Prove My Pain and Suffering After A Car Accident?

Evidence is Important For Your Claim

Before deciding what to ask for your pain and suffering damages, you need to figure out how you will convince the adjuster to accept your demand.

Your personal injury attorney will be experienced in this and will know what to do.

First, you will list the reasons why your pain and suffering demand is justified. You will use this list later in settlement negotiations.

Your argument has to be logical, based on facts, and supported by evidence to prove pain and suffering.

Medical records will be crucial in backing up your claims for pain and suffering and emotional distress.

Make sure you tell your doctors how your injuries have been affecting your daily activities.

Along with the list you’ve already made, you should include a copy of your relevant medical records.

These records can include:

• Your doctor restricting you from lifting more than 10 pounds. This leaves you unable to care for your small child.
• You can’t sleep, but when you do, you have nightmares. Your doctor prescribes you sleeping pills.
• You can’t drive for two weeks, so you are forced to rely on others to take your children to school.
• You see a counselor to treat the depression caused by the long and painful recovery from your injuries.

Photographs of your injuries throughout your treatments will paint a clear picture of your pain and suffering.

Pictures of you in your mangled car, in a hospital bed, and during rehabilitation will be very compelling.

You also need witness statements.

In the same way you can ask someone who saw your accident to provide a witness statement, you can ask the people closest to you, like your family, friends, and neighbors, to write down what you have had to deal with since your car accident.

They may write about how they’ve helped you with:

• Meals
• Yardwork
• Housework
• Childcare
• Pet care
• Transportation

The people you’re closest to can detail what you haven’t been able to do for yourself after your injury, but you will have to describe how it’s made you feel.

It’s a good idea to keep a journal with detailed notes about how the accident has impacted your quality of life and happiness.

Be as descriptive as you can when you explain:

• Daily pain levels
• Needing help with personal hygiene or toileting
• Not being able to work, cook, or perform other typical tasks
• Fear of not making a complete recovery
• Missing important holidays or other special occasions
• Sadness or depression stemming from your accident and injuries

To get the settlement you deserve, you have to put your pain and suffering into words that are easy to understand and persuasive to the adjuster.

Make sure to take enough time to think about what you have lost or will lose and how you have suffered and will suffer because of the injury.

You only have one chance to win your settlement, so don’t hold anything back.

The better you can convince the adjuster of the depth of your pain and suffering, the higher your final settlement will be.

If you were severely injured and need to focus on your physical recovery, or if you just aren’t comfortable dealing with the insurance company, you should speak to a personal injury attorney about the value of your pain and suffering.

Good personal injury lawyers offer free consultations, so it won’t cost you anything to find out what a good attorney can do for you.