Top Tips for Documenting Your Pain and Suffering
Posted on Wednesday, July 20th, 2022 at 4:57 pm
Pursuing a personal injury case might seem to be a straightforward process. Proving who was at fault for your injuries might not be challenging if you have security camera footage of their actions prior to the accident. Medical expenses are easy to document by using invoices, receipts, bank statements, and other records.
Supporting the facts of certain elements of a personal injury case might not be an issue. However, proving you are entitled to compensation for your pain and suffering is much more challenging and can seem like an uphill battle. Many people don’t understand the type of evidence they need to show the physical or emotional suffering they endured.
“Pain and suffering” is intangible. Unlike medical treatment, it doesn’t come with documentation. Proving that the accident resulted in your pain and suffering can be complicated. However, there’s a way to accomplish it.
Below are tips you should follow while documenting your pain and suffering.
Obtain Visual Evidence
Visual evidence is an essential part of a personal injury case. Pictures tell a story. Videos tell more accurate stories. If you have visual evidence of what you went through following an accident, it can help prove the pain and suffering you experienced.
Take photos of any visible injuries you have in the immediate aftermath of the incident. Providing the insurance company with a series of pictures showing your recovery progress can benefit your case. Before and after photos show the severity of the injury and whether it caused physical disfigurement or scarring.
Video footage can also show the pain and suffering you endured. For example, you could locate a video of yourself participating in a sport you enjoyed before the accident. The content of the video can indicate how much the injury affects your life, especially if you can’t play sports anymore.
Maintain Detailed Notes
It can be time-consuming but keeping a detailed journal of your recovery from your injury is critical. Write down the limitations you have faced since the accident and the symptoms you feel each day due to the injury. Information you can write in the journal includes:
- Type of pain the injury causes, such as throbbing, aching, or burning
- Type and severity of each symptom
- How long each symptom lasts and whether something triggers them, such as standing up or walking
- Loss of sensation, reduced mobility, decreased range of motion, and other physical limitations
- Whether you’re able to engage in your usual activities
- How you feel if you cannot do the things you used to do with ease
The notes you take can show the burden the injury has placed on your physical abilities. Include every detail in your journal, even if it seems unimportant or unnecessary.
Written Testimony from a Therapist
Although you might recover from your injuries, the psychological damage can outlast any wounds you have. You might require counseling or therapy to cope with the lingering emotional effects of the accident.
Depression and anxiety are common mental illnesses accident victims experience. Depression can occur if your injury prevents you from participating in activities you enjoy or spending time with your friends. Many people fall into a deep depression when they can’t leave their beds while recovering.
Depression might also develop if the injury causes visible scarring or disfigurement. The change in a person’s physical appearance could trigger anxiety while in public.
Post-traumatic stress disorder (PTSD) results from a terrifying, traumatic event. PTSD requires intensive therapy to help an accident victim cope with what happened and prevent attacks when facing triggers.
The notes your counselor or therapist keeps can provide crucial information regarding the emotional pain you suffered from the accident. They could write a letter describing the impact of the accident on your quality of life. It could serve as evidence in your insurance claim or lawsuit.
Statements from Family and Friends
You spend plenty of time with your friends and family, so they know your lifestyle. They could speak about your emotional or physical pain since the accident.
Whether you ask your spouse, roommate, sibling, or friend, they could write a statement about the effects of the accident on your daily routine. They could describe how you seem sad because of what happened or behave unusually after sustaining the injury. A coworker could provide a statement regarding your limitations at work and whether that interferes with your ability to function.
Adequately documenting your pain and suffering is as essential as proving fault after an accident. Even if liability is clear, you need sufficient evidence to recover the compensation necessary to compensate for your losses. Pain and suffering is a significant part of a personal injury case. It shows the effects of an injury on someone’s routine and overall happiness.
The Texas personal injury lawyers of Portner Bond, PLLC are ready to represent you in your case. We can obtain the necessary documentation to prove your injury and its negative effects on your life. You can count on us to fight hard for the maximum possible compensation and seek the justice you deserve.
If you sustained injuries in an accident someone else’s wrongdoing caused, call Portner Bond, PLLC for your free consultation at (409) 838-4444.