CALL 916-777-7777
Youtube Facebook-f X-twitter Linkedin-in

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

Posted on behalf of Arnold Law Firm in
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.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.