How Do You Prove Pain and Suffering
In addition to recovering monetary compensation for injuries sustained in an accident, such as soft tissue injuries, broken bones, or head injuries, accident victims might also recover pain and suffering damages.
Pain and suffering are a type of noneconomic damage that an accident victim could recover in a personal injury case. However, in many cases, these damages can be difficult to prove. Pain and suffering is an intangible concept, and it can be difficult to show the extent of an accident victim’s past, present, or future physical pain and suffering. Personal injury lawyers sometimes need to retain an expert to assist with proving that an accident victim suffered a certain amount of pre or post-accident pain and suffering.
The purpose of pain and suffering damages is to compensate an accident victim for all the mental distress, inconvenience, physical symptoms, and loss of enjoyment of life that an accident victim endured as a result of his or her physical injuries.
If you have suffered injuries in an accident that resulted from someone else’s carelessness or negligence, you may have a right to recover pain and suffering damages. A knowledgeable Orange County personal injury attorney near you could help you prove your right to recover these damages and other compensation for your injuries.
Types of Pain and Suffering Damages
There are several types of pain and suffering damages that an accident victim could recover. First, an accident victim could receive compensation for past pain and suffering. These damages compensate accident victims for the physical pain, inconvenience, and suffering that they endured immediately after their accident and while they were treating their injuries. In addition, an accident victim could recover the cost of future pain and suffering. These damages compensate accident victims for the anticipated pain, suffering, and inconvenience that they will have to endure going into the future.
A knowledgeable California personal injury attorney can help you prove that you are entitled to pain and suffering compensation, both past and future.
Proving that You’re Eligible for Damages
There are several ways that an accident victim can prove that he/she is entitled to recover monetary compensation for pain and suffering. First of all, the accident victim could testify to the exact symptoms experienced right after the accident – and up to the present time. Family members and friends of the accident victim could also testify, describing how (in their observation) the accident victim’s life and activity levels have changed since the time of the accident. For example, an accident victim’s co-worker might be able to testify that the accident victim is no longer able to perform a certain activity at work or must rely upon other team members to assist with certain work-related tasks.
In addition, the testimony of a medical provider might be useful when it comes to proving pain and suffering. A medical provider could state, to a reasonable degree of medical certainty, that the accident victim has reached maximum medical improvement and is not expected to get any better. The provider could also state that the accident victim suffered a permanent injury or disability in the accident and is likely to experience pain, suffering, and other symptoms going into the future.
An experienced OC personal injury attorney can help you prove the various elements of your claim and argue that you are eligible to recover monetary compensation for your past and future pain and suffering.