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How to Prove Pain and Suffering in a Personal Injury Case

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Suffering a personal injury is more than just physical wounds; it often comes with emotional distress and a significant impact on your quality of life. In legal terms, this is referred to as “pain and suffering,” a crucial component in personal injury cases.

Pain and suffering encompass the physical pain and emotional anguish you’ve endured due to an accident. Proving it can significantly increase the compensation you receive.

With the help of our injury lawyers at Craig Swapp & Associates, here’s how you can effectively demonstrate pain and suffering in your personal injury case.

1. Maintain Comprehensive Medical Records

Medical records are the cornerstone of your personal injury claim, making it imperative to document every facet of your medical care meticulously. These records are not just paperwork; they narrate the story of your injury and its repercussions on your life.

Treatment History: It’s vital to maintain a detailed account of all medical appointments, therapies, and any surgical procedures you undergo. Such comprehensive documentation should encapsulate every phase of your medical treatment, providing a chronological record of your medical journey. This level of detail ensures that every aspect of your care is documented, supporting your claim by illustrating the extent of medical intervention necessitated by your injuries.
Doctor’s Notes: Obtaining detailed statements from your treating physicians is crucial. These should specifically detail your pain levels at various stages and give a clear prognosis for your recovery.

Such notes should also discuss the expected duration of your recovery and any permanent impairments you might face. These documents are vital in substantiating your claim as they provide medical validation of your suffering and future health prospects.

Prescriptions: Keeping an exhaustive record of all medications prescribed throughout your treatment is essential. This includes medications for physical pain as well as those prescribed for emotional and psychological distress. Documenting this helps establish the severity of your injuries and the comprehensive nature of your treatment, thereby highlighting the breadth and depth of your suffering.

2. Keep a Personal Injury Journal

A regularly updated personal injury journal serves as a powerful instrument in articulating the extent of your suffering and the impact on your daily life:

Daily Pain Levels: Regularly rating your pain on a defined scale helps demonstrate the consistency and progression of your pain. This not only shows the day-to-day impact of your injuries but also helps in establishing a pattern that could be crucial for your claim.
Emotional State: Documenting your daily emotions is equally important. Notes on feelings of sadness, frustration, or anxiety paint a vivid picture of the emotional toll of your injuries. This documentation is critical in proving the less visible, yet equally debilitating, effects of your injuries.
Activity Limitations: Noting down tasks and activities that have become difficult or impossible post-injury is vital. This journal entry should include details such as modifications in your daily routines or any assistance you now require for tasks that were once simple. Such details are indispensable as they provide tangible evidence of how your injuries have reshaped your daily life.

3. Gather Witness Statements

Statements from those close to you play a significant role in reinforcing your claims by offering a third-party perspective on the effects of your injuries:

Family and Friends: Observations from your inner circle are essential as they can provide anecdotal evidence regarding changes in your behavior, capabilities, and general well-being. These observations help in painting a comprehensive picture of your post-injury life.
Co-workers: Testimonies from colleagues are crucial as they can attest to any decline in your professional performance and the limitations you face at work. Such evidence is invaluable in substantiating claims of diminished capabilities and missed opportunities in the workplace.

4. Utilize Photographic and Video Evidence

Visual evidence is a compelling method to demonstrate the physical impact of your injuries:

Injury Photos: Systematically capturing images of your injuries at different stages of your recovery can provide visual proof of the severity and duration of your physical suffering. These photos serve as hard evidence of the injury’s impact.
Activity Videos: Videos showing the practical impact of your injuries on your mobility or daily activities can be particularly illustrative. These visuals can effectively communicate the practical limitations you face, offering a dynamic perspective on your claims.

5. Secure Expert Testimony

Expert testimony is crucial in lending credence to your claims by offering professional insights into the impact of your injuries:

Medical Experts: Medical professionals can elaborate on the severity of your injuries and discuss the long-term health implications. Their expert opinions are fundamental in establishing the medical basis of your suffering.
Mental Health Professionals: Testimonies from psychologists or psychiatrists are vital in validating claims of emotional distress. Their professional insights can prove the psychological effects of your injuries, adding another layer of legitimacy to your claims.

6. Document Lifestyle Changes

Showing how your injuries have reshaped your lifestyle can significantly strengthen your claim:

Employment Records: Documentation reflecting any loss of income, changes in job roles, or demotions due to your injuries is crucial. These records are tangible proof of the economic impact of your injuries.

Canceled Plans: Keeping records of missed social and recreational events demonstrates the broader impact of your injuries on your lifestyle and social engagements.
Home Modifications: Documenting any alterations made to your home to accommodate your injuries provides concrete evidence of the significant adjustments you have had to make in your personal environment.

By diligently compiling these types of evidence, you can build a strong case for your personal injury claim, ensuring that all aspects of your pain and suffering are recognized and appropriately compensated. Don’t let your pain and suffering go uncompensated. Call us today for a free consultation. Our experienced personal injury lawyers are dedicated to helping you get the justice you deserve.

Written By: Ryan Swapp Legal Review By: Craig Swapp

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Before calling your firm I had 2 big worries. One was I didn’t want to do more paper work, and that fear was resolved when I had to do very little, but Craig Swapp and Assoc. did most of it, and when I did have to come in to sign papers they worked around the times I could do it. Worry 2 was I didn’t want people to think I was “sue happy” and that I was just out to get money. I just wanted my bills to be paid for that were from the accident, and that was resolved I think by Mr. Wes Mortenson and Theresa because they listened to what I had to say.

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Spokane, WA

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My biggest fear was not having all the expenses caused by the accident paid for in full. I was assured they would be taken care of but I admit I was skeptical. When we wrapped everything up (which happened quicker than I was originally told) I had extra money in my pocket. I honestly thought there was a catch but my attorney explained everything to me in detail. If I am ever in that position again I’ll be giving Craig Swapp a call.

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Spokane, WA

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I was afraid of the fees I would have to pay a lawyer. I waited over a year before hiring your law firm. I finally reached out to your online help where they were able to help me understand the process and what would happen. In all honesty I absolutely loved working with the individuals that were involved in my case. They were genuine & heartfelt about my case. It felt as though they really cared and were concerned about me, not just as a client but as a person.

Lacey B.,

Salt Lake City, UT

"I was afraid that my issue was too small"

I was afraid that my issue was too small to be handled, and that it would just be rejected. Or that I’d end up having to pay for my medical expenses and any of your teams expenses. I would definitely answer yes, it was resolved! I wasn’t ever made out to feel like my little issue didn’t matter, and my expenses were paid for- just what I wanted/needed.

J. Rohas,

Caldwell, ID

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My biggest fear was that it would be pointless to pursue legal action in my case. I felt like maybe I didn’t have much of a case. After speaking with Paul, I realize it was not of my own fault and that others can be held responsible for the pain and suffering I went through.

Dollie J.,

West Jordan, UT

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