Evidence to Prove Pain and Suffering from an Injury
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Types of Evidence That May Be Used to Prove Pain and Suffering

Posted on behalf of Arnold Law Firm on January 13, 2022 in Auto Accident. Updated on February 24, 2022

man holding his shoulder in painProving something as subjective as pain and suffering may be complicated. You will need strong evidence in the form of medical opinions, testimony from family and loved ones and probably more.

Our Sacramento auto collision lawyers are here to discuss the damages you suffered in the crash, including pain and suffering. We have many years of experience helping victims prove non-economic damages.

Pain and Suffering Are Two Different Things

First, it is important to note that pain and suffering are two different things – even though they are often lumped together when calculating how much compensation an injury victim should recover.

Proving Physical Pain

Proving that you are experiencing physical pain may be easier than proving mental anguish. You probably just need evidence that you suffered an injury. However, the extent of your physical pain may determine how much you are owed in compensation.

Record Keeping

When you see a doctor for an injury, you are likely to be asked whether you feel pain. Most doctors’ offices even ask patients on a regular basis what their pain is on a scale of one to 10 to keep track of how the person may be recovering after treatment and whether that treatment is helping. This information is likely to be submitted by your treating doctors into your medical records, which can then be entered as evidence to establish the pain you felt immediately after the injury and throughout treatment.

While tracking your pain scale is part of a doctor’s job, you may also be able to do it more consistently by keeping a journal that logs your pain throughout the day. This may help fill some of the gaps between doctor’s visits to determine how your physical pain fluctuates and whether it is made better or worse by certain activities or exercises.

Expert Testimony from Treating Physicians

Not only will your doctors be able to provide testimony regarding the extent of your injuries, but they may also be able to offer their expert opinion about how painful certain types of injuries may be.

While still subjective, a doctor’s opinion about what most people who suffer a certain type of injury may feel afterward may be beneficial to your case, especially if it goes before a jury where expert testimony may carry more weight.

Proving Emotional Suffering

Keeping a journal can help validate a claim for emotional suffering. Some other evidence may include:

Evaluation from Mental Health Specialists

First, and most importantly, you will need to be properly evaluated by a licensed therapist or psychologist if you are claiming to have suffered severe emotional distress. A diagnosis of post-traumatic stress disorder may help improve your chances of recovering compensation for emotional suffering.

Testimony from Family and Loved Ones

Sometimes testimony from your family members and loved ones may be the most compelling. This may be because these people are the ones who witness what you are going through each day.

For example, your spouse may be able to testify about what he or she witnessed since the accident and injury.

Need Help? Call Us Today

It is important to work with an attorney who has experience gathering the right documents and interviewing the right witnesses to help build a strong case for maximum compensation.

Our attorneys have decades of experience fighting for the compensation our clients need for pain and suffering and other damages.

We offer a free consultation to discuss your claim and see what legal options may be available to you. You do not pay us anything up front, so there is no risk to you.

Call 916-777-7777 to learn more.