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How Do You Prove Pain And Suffering?


When you are trying to prove your damages or your injuries to an insurance company or to a jury, there are some ways to prove these items that may be obvious. For example, if you are seeking compensation for a medical expense you had, you present the medical bill. If you are looking for compensation for your broken bones, you can show the jury the X-ray or scan that shows the breaks.

There is no scan or test that you can show a jury so they see your sadness, or depression, or your fear. And, of course, mental and emotional trauma can be easily faked, or at least, overemphasized.

So how do you show the jury things like pain, suffering, anxiety, depression, or loss of the quality of your life? These are, of course, things that a jury can compensate you for—but how do you show the jury you have them, or that they are “real,” or how severe they are?

Get Medical Treatment

One way that you can show pain and suffering is by going to your doctors; juries logically conclude that if you are in pain, you go to the doctor. Additionally, things in your medical records will tell the jury about your emotional or mental injuries or difficulties.

Make sure that you discuss with your doctors your anxiety, fear, or sadness—even if they aren’t doctors who practice in mental health. They still may be able to help you, or at least, refer you to a doctor that can assist you.

Every time you go to a doctor, the doctor generates some record of your visit. Those records also will be important, in the event the doctor is called on to testify about your pain and suffering later on. The doctor can look at your records and get a detailed record of what you went through.

Your Own Testimony

You can also testify about what you sent through. Yes, certainly, you are not an unbiased witness. However, juries still take the testimony of accident victims quite seriously. And nobody knows what you went through better than you do.

Your friends and family can also testify, but this is a personal choice—certainly, you only should share your mental and emotional trauma, or your pain and suffering, with people you are comfortable sharing with. However, if you are comfortable with it, these people can testify as to what you are experiencing as a result of the accident.

Document Your Journey

Documenting your recovery journey, through pictures or videos can also help you prove pain and suffering. This includes pictures and videos of the accident and the events immediately afterward, but it also includes your recovery and you undergoing the procedures, therapy, surgeries, or any other events that document what you are going through in the months or even years after the accident.

How will you prove what you are going through after an accident? We can help. Call the West Palm Beach personal injury attorneys at Pike & Lustig today.




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