How Do I Prove Pain and Suffering After an Auto Accident?
Pain and suffering are difficult to prove in car accidents, especially if medical tests like x-rays don’t reveal the symptoms. This, in turn, makes it difficult to decide how much compensation you should receive.
Fortunately, there are different ways to prove pain and suffering. And you can use them in your case with the help of a professional Burbank auto accident lawyer.
What Is Pain and Suffering in Auto Accident Cases
Pain and suffering refer to the physical and psychological distress that a person experiences after sustaining an injury. They may come with objective symptoms and signs such as broken bones, swelling, bleeding, disfigurement, and disability, among others. These symptoms could also be temporary or permanent.
However, these discomforts can become subjective as well. For example, soft tissue injuries only show relatively minor symptoms such as muscle tenderness. The problem is that these injuries can cause severe pain, making normal functioning difficult for a person.
Another example is in the cases of psychological distress. The trauma after an accident often leads to lifestyle changes, which can trigger depression and anxiety.
That’s when proving pain and suffering becomes crucial.
Proving Pain and Suffering in a Car Accident Case
Here’s how to prove pain and suffering when you sustain injuries from an auto accident. A Burbank auto accident lawyer is always a better person to confirm your pain and suffering to insurance adjusters or in court.
1. Medical Documents
The best evidence to prove pain and suffering are medical documents like:
- Medical report and diagnosis that describes the extent of your injury
- Prescribed treatment such as therapies, surgeries, medications, and medical aid devices
- Medication receipts
- Medical bills
These documents would prove the extent of your injury and the treatments you need to recover. They can tell the pain and hassles you need to go through because of your injury.
You can also take photos of your injuries and use them to prove your pain and suffering.
For example, you can show pictures of the deformities that the injury has caused. You can also show pictures of your lifestyle changes, like having to use or hold crutches.
3. Documentation from Your Employer
You’re also likely to suffer from the worries of losing income because of your injuries. That’s where documents from your employer can help in proving your pain and suffering.
These documents show the effects of the injury on your work and prove all your consequent lost wages. For example, the documents prove that you have a permanent partial disability and can only work part-time. It can also show that you can’t return to work because of a total disability.
4. Witness Statements
Other people around you can also testify that you’ve indeed suffered from severe discomforts because of your injuries.
Examples are statements from your family about the changes in your daily life. They can tell that you can’t move independently in the home anymore because of the disability. They can also help by describing the situations when you feel the pain of the injury.
5. Journal or Notes
Keep a journal of your experiences and take note of critical points like:
- Date and time of the accident
- Describe how you feel each day since the accident
- Describe how you’re feeling since the day of the accident
- Tell the steps you have made to recover
- Describe your injury
- And many other related experiences
The idea is to tell the court and the insurance adjuster that you’ve indeed experienced pain and suffering. Your statements should be consistent with your other evidence too.
Call an Auto Accident Attorney in Burbank and Let Them Prove Your Pain and Suffering
Pain and suffering could be challenging to prove in a court or to insurance adjusters.
However, a reliable Burbank auto accident lawyer can help you with that. They can also help you collect all necessary evidence and file your case right away.