Gaining compensation in a personal injury case is no easy process. You and your legal team will have to work hard to build a strong case to prove both economic and non-economic damages. This non-economic side is the hardest because it’s all about providing pain and suffering.
It takes the right lawyer and the right evidence to prove these subjective factors with no room for doubt. So, how can you prove pain and suffering in personal injury law, and what should you prepare for?
Why Is Pain And Suffering So Hard To Compensate For?
This non-economic side of compensation is far more problematic than proving economic damages. There, you can highlight expenses and invoices and show losses in black and white. You can claim what you lost and hopefully get a lot of it back.
With non-economic cases, it’s more difficult. For a start, there’s no standardized method for determining a monetary figure. There are three common methods, which isn’t exactly fair. Still, the best personal injury lawyers based in Southfield will do their best to get a fair deal. One option is a general estimation of costs based on the evidence presented.
Another is to determine a cost per day and multiply that by the days affected. Thirdly, there is the option of giving your pain and suffering a value between 1 and 10 and multiplying that by the monetary damages.
The biggest issue here is the level of subjectivity in these approaches and concepts. You could say that your pain and suffering is an 8, while someone else might claim to be able to get by in the same condition and call it a 3.
You can explain how you’ve suffered to a point, but it might not be enough to convince the courts. There is also the risk of a lack of believable evidence. The more evidence you have to back up your claims, the better. Below are 10 examples that your personal injury law team can help you bring together.
10 Ways To Provide Evidence For Pain And Suffering
1) Medical records
Your medical records are the most important form of evidence to highlight every injury, complication, treatment, and other medical service provided. When it’s all there on an official record, it’s hard to disprove.
2) Pharmaceutical records
The same goes for any pharmaceutical records that indicate the medications prescribed after your time in medical care. What are you taking, what does it help with, and how long are you expected to need it?
3) Pharmaceutical receipts
Physical receipts for your pharmaceutical transactions also go a long way in helping with economic and non-economic damages. High prices can take their toll financially and mentally.
4) Physical therapy logs
This one depends on the type and severity of the injury. Accidents that lead to broken bones, ligament issues, and other mobility problems can require ongoing therapy. An official log of these appointments and their purpose can help.
5) Photos of injuries
In addition to all the official reports from doctors and other medical staff, it helps to gather additional physical evidence as soon as possible. Take photos of the injury after it happens to showcase the damage at its worst.
6) Videos of impact
You can also take this further by providing video evidence of the physical suffering and lack of abilities. Friends and family can video you on your phone as you struggle to walk or do basic tasks.
7) Testimony from medical professionals
Testimonies are always important in these sorts of cases because they provide another perspective to back up your claims. Try and get medical professionals to write statements and maybe even appear in court.
8) Testimony from loved ones
It also doesn’t hurt to get statements from family members affected by your pain and suffering. They can support claims about your inability to work, carry out tasks at home, and enjoy normal activities. They can also highlight any strain on romantic or parental relationships.
9) Proof of loss of income/education
Proof of a loss of income is important for economic damages but can also prove useful here. Official records of time off work show the upheaval in your life following the accident. This is also true for those unable to continue with their studies at school or college.
10) Pain journals
This final one is quite subjective but still worth a try. If you can journal your feelings and talk about the pain experience each day, it can create a better picture of the journey you’re on.
Factors That Affect Compensation
Unfortunately, even with all this evidence at your disposal and a great lawyer by your side, there’s no guarantee of success. There are additional factors that can affect the outcome of a personal injury law case and may limit compensation.
The opposing legal team will try and downplay the severity of an injury and argue that even if there was mental anguish and anxiety after an accident, the physical injury isn’t that substantial.
That’s where the detailed images and reports from the days following the event are so important. They will also question the full impact of the injury on daily life. You may not have gone to work or college, but what else have you been unable to do?
Another factor in Michigan is the issue of comparative fault. This rule is in place to stop guilty parties from receiving more compensation than they should. For example, if you can admit that an accident was your fault, with more than 50% share of the blame, you won’t get compensation for pain and suffering. You can, however, still claim for economic damages, such as loss of income and medical costs.
If that wasn’t enough, there is also a statute of limitations in Michigan personal injury law. Claimants have three years to file a personal injury or wrongful death case, and possibly less time in specific cases. This is why it is so important to make an appointment with a Southfield personal injury lawyer as soon as possible.
Get What You Deserve With The Best Personal Injury Lawyer
Whatever the severity of an injury, level of suffering, and ongoing effects of a personal injury, it is worthwhile fighting for compensation. Get in touch with a local personal injury law specialist, explain your case, and get to work compiling all that crucial evidence.
