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How to Prove Pain & Suffering in Court

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February 14th, 2023
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When you have suffered an injury or illness caused by someone else’s negligence, you have the right to compensation for your damages. You might expect to recover compensation for your medical costs and lost wages; however, you could also recover non-economic damages like pain and suffering.

Pain and suffering damages aren’t as objective as economic damages, and you must prove them to get the compensation you’re owed for the at-fault party’s negligence.

How You Prove Pain & Suffering Depends on What You Experienced

The physical pain you experience from your injuries, the emotional trauma you endured, fear, anticipation, loss of enjoyment of life, and more are all examples of pain and suffering.

The evidence used to prove the value of your pain and suffering varies depending on the type you experienced.

Denial of Social Pleasure & Enjoyment

When you have suffered severe injuries that impact your ability to enjoy your life, have relationships with family and friends, and participate in social gatherings, you may have the right to compensation for denial of social pleasure and enjoyment.

To prove the value of these losses, your attorney must show how much your life has been affected. For example, suppose you require the use of a wheelchair and are unable to participate in the same activities you did before your injury. In that case, you could prove the value of your loss with journal entries, witness statements, and opinions from your healthcare providers.

Fright & Shock

Car accidents often cause substantial emotional trauma. If you experienced a significant shock after your accident, you might develop post-traumatic stress disorder (PTSD), depression, anxiety, and panic disorder, which may produce symptoms of insomnia or nightmares.

Your medical records may prove that you experienced shock and fright after your accident. Personal journal entries could also provide valuable insight into your state of mind after your diagnosis.

Physical Pain

You should account for the physical pain you endured during your accident. The physical impact of your injuries has long-lasting effects on your life in several ways. You may experience muscle pain, headaches, neck pain, and chronic pain in the other affected body parts or limbs.

Strong pain meds, regular visits to your healthcare provider, and high hospital pain ratings all help prove the value and severity of the pain you suffered.

Testimony from Friends & Family Could Also Help

In addition to medical records and personal journals, obtaining testimony from friends and family could show how your injuries impacted your life.

If friends and family testify that you are experiencing debilitating pain, can no longer participate in activities you once loved, or have otherwise seen major changes to your life due to the accident, this could strengthen your claim.

Other Evidence That Could Support Your Case

There are other ways your personal injury lawyer in Michigan could prove the value of your pain and suffering. Your lawyer might introduce other pieces of evidence to support your case, such as:

  • Photos of your injuries
  • Your prognosis
  • Employment records that show when you had to take time off work
  • Testimony from your mental health counselor to give the court an idea of your mental state
  • Video footage of the accident that caused your injuries
  • Bystander and witness statements

By carefully investigating your accident, your attorney could find who’s liable and put a proper value on your pain and suffering.

Contact a Michigan Personal Injury Attorney for Help

If you hope to maximize the compensation you are awarded for your pain and suffering and other non-economic damages, do not hesitate to contact an experienced Michigan personal injury attorney at Davis Injury Lawyers, PLLC.