During personal injury cases, plaintiffs often seek to recover out-of-pocket expenses and “pain and suffering” compensation. Out-of-pocket expenses, which include medical bills and prescriptions, are pretty easy to document and prove using simple evidence like receipts and bills. Pain and suffering, on the other hand, is more difficult to prove, since it is often intangible.
Simply put, pain and suffering settlements compensate the victim for physical and/or emotional stress associated with an accident and the injuries caused by it. This can include anything from actual physical pain associated with injuries to emotional and mental suffering, such as fear during the accident or treatment of injuries, insomnia following the accident, grief over loss of an ability or a loved one, worry, or, inconveniences faced. You also may be able to receive compensation for future pain and suffering if you can document that your damages will be ongoing.
Since pain and suffering compensation covers a large range of conditions that can be quite difficult to put a monetary value on, proving pain and suffering is not always easy. After all, a person’s suffering is subjective, and juries tend to be skeptical of high claims for pain and suffering. However, there are several ways that personal injury attorneys can prove pain and suffering.
Your lawyer knows that one of the most important ways to prove pain and suffering is to connect these elements to your physical injuries. Each time your attorney asks you, your doctor, or an expert witness about one of your physical injuries, they will also address the coinciding pain and mental anguish associated with it.
By closely connecting your pain and suffering to the physical outcome of the accident, a jury is more likely to believe you have experienced a great degree of physical pain and mental suffering. If you are proving pain and suffering during an insurance claim, your lawyer will seek to do the same thing to ensure the insurer’s settlement includes an appropriate amount for both your pain and suffering.
Your own description of your life following the accident is essential in proving pain and suffering to an insurer or court. You will either provide a statement to the insurer or your attorney may have you testify in court regarding your physical injuries, the pain associated with them, how they have affected your daily life, and how you now need help or medical care. It will be difficult to talk about in graphic detail, yet you need to be thorough in describing how your injuries impact every aspect of your life. Naturally, there are topics you may not be comfortable testifying about, such as your sex life. For more sensitive topics, your attorney can have your physician or an expert witness discuss how your injuries affect this part of your life.
Your personal injury case will benefit from your personal doctor’s testimony about your injuries, including the physical and psychological impact. Your physician can speak to your injuries and the pain you reported experiencing over the previous months. If you have suffered psychological injuries, such as depression following the accident, your mental health care provider should testify about these as well.
You will likely need at least one expert witness for your personal injury claim, such as an accident reconstructionist. Also, your own doctors may not testify, in which case you will need medical experts to discuss your injuries. A highly qualified and experienced physician may examine you and your medical records to testify about these injuries and their painful consequences. Whether or not your own physician or another expert testifies about your injuries, your attorney may also have a life care planning expert testify. This professional provides insight into how your injuries effect your everyday life, including the care you need and your ability to work.
Certain injuries following an accident drastically change how you live your everyday life. The pain or physical limitations can restrict your mobility, make it difficult for you to take care of yourself or work. However, it is hard for juries to understand how the injuries and pain affect your life simply by hearing you talk about it. Sometimes words are not adequate to describe what you go through on a daily basis. When this is the case, visual evidence is necessary. Your attorney may present photos of your injury to ensure the judge and jurors understand what you deal with.
If you have suffered significant or catastrophic injuries, you and your attorney may decide to create a video depicting a day in your life. A videographer will come to your home or care facility where you currently reside and follow you around on a typical day. The videographer will capture your waking up in the morning, dressing, cooking food, and maybe going to a doctor’s appointment, if possible, to show what you can do on your own or need help. This video can demonstrate how your loved ones have been affected as well.
If you have been injured in an accident in the Chicago area and are looking for compensation for your pain and suffering, call us at (312) 236-2900 for a free consultation to find out how we can help get you the settlement you deserve. Our car accident attorneys serve clients throughout the Chicago area, including Aurora, Elgin, Hinsdale, Joliet, Naperville, and Waukegan. We are so dedicated to helping you win that you will pay no fee until you do, so call us risk-free today to learn more.
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