If you are a victim of an automobile accident, it may not be too difficult to prove your medical expenses, lost wages, and other out of pocket expenses. However, showing the level of pain you experienced because of your injuries and the emotional toll on your life could be much more challenging. Fortunately, there are ways you can help show the level of suffering you felt as a result of your auto crash so you obtain the compensation you could be entitled to.
Evidence You Will Need to Prove Pain and Suffering
One of the main ways you will need to establish the pain and suffering you experienced would be through your own statements and testimony. Important points that you would want to discuss include:
- How severe your pain was
- What caused your pain to increase and what made it better
- Whether the pain was constant and if you had any good days
- What pain medication you needed to take and for how long
- When the pain began to improve
- How your pain limited your day-to-day activities
- How your pain limited your ability to work
You may also be able to document your pain and suffering through other evidence. This could include:
- Mental health reports. Your psychiatrist, psychologist, or therapist could write a report or testify regarding your emotional and mental condition if you sought treatment to handle your emotional trauma. Keep in mind that many people do not seek this type of professional help, so don’t worry if you did not seek this treatment.
- Doctor reports. Your doctor would document any complaints you made regarding your pain and emotional distress. A report from him or his testimony at trial could help you prove the extent of your suffering.
- Statements and testimony of family and friends. Your family and friends can write statements and testify at your trial to explain how they observed your emotional condition after the accident.
- Journals. If you kept a journal documenting your feelings, thoughts, and activities during your recovery, this could be helpful in proving your emotional distress and how it affected your day-to-day life.
- Prescriptions. Make a list of the prescriptions you took while you were recovering. Medications for anxiety, depression, or other mental conditions could be very helpful in showing your emotional distress.
Were you or a family member injured in a car accident caused by a negligent driver? Order our free book, Don’t Wreck Your Injury Claim! 10 Rules of the Road to Win Your Accident Case in Kansas and Missouri, to learn about your legal options.