How to Prove Pain and Suffering in a Car Accident Case

Proving Pain and Suffering After a Car Accident

If you’ve been injured in a car accident in Memphis, you may be entitled to compensation for more than just your medical bills and lost wages. Pain and suffering—both physical and emotional—can have a major impact on your life, and the law recognizes that. But how do you prove pain and suffering as part of your case?

Proving you deserve compensation for pain and suffering isn’t as simple as showing a hospital bill. It requires strong evidence and the right legal strategy. Fortunately, at our firm we’ve helped hundreds of people gather what they need and get the compensation they deserve.

So here’s what you need to know about proving pain and suffering in a car accident case.

What Is Pain and Suffering?

Pain and suffering refer to the physical and emotional distress caused by an accident and its aftermath.

It can include:

• Physical pain from injuries like broken bones, whiplash, burns, or nerve damage.
• Chronic pain that lingers even after initial treatment.
• Emotional distress like anxiety, depression, PTSD, or sleep disturbances.
• Loss of enjoyment of life – in other words, you’re unable to do the things you once loved, including hobbies, exercise, or even simple daily tasks.

Unlike medical bills or lost wages, pain and suffering damages don’t come with a clear dollar amount. It’s up to your attorney to prove what you’ve experienced and what you deserve as a result.

Medical Evidence Supports Your Claim

One of the strongest ways to prove pain and suffering is through medical records and expert opinions. The following can all help build your case:

• Doctor’s notes and records documenting your pain levels and treatment.
• Prescriptions for pain medication that show ongoing suffering.
• Physical therapy records showing the extent of your rehabilitation.
• Statements from medical professionals describing your long-term prognosis and expected recovery timeline.

Make sure to attend your appointments consistently. If you delay or skip doctor’s visits, insurance companies might argue your pain isn’t that severe or you’ve already recovered.

Keep a Pain Journal

A pain journal is a powerful piece of evidence in a personal injury case. So after your accident, keep a daily record of your pain levels on a scale of 1 to 10.

Detail how the pain affects your ability to work, sleep, or perform daily activities. Make sure to include any emotional struggles like anxiety, depression, or frustration due to your injuries.

This well-documented journal can provide a personal and detailed account of how the accident has changed your life.

Testimony from Friends and Family

Your loved ones can also provide testimony about the changes they’ve observed in you since the accident. They may be able to describe:

• How your mood, personality, or energy levels have changed.
• Your inability to participate in family activities or hobbies you once enjoyed.
• How your pain has affected your relationships or responsibilities.

This type of testimony adds credibility to your claim and shows the real-life impact of your injuries.

Expert Testimony Can Strengthen Your Case

Sometimes, hiring experts can help prove pain and suffering in a car accident case. These experts often include medical professionals who can testify about the severity of your injuries and the long-term effects.

In addition, your attorney could bring in psychologists or therapists who can confirm your emotional distress and mental health struggles. There are even economic experts who can calculate how your pain and suffering affect your ability to work and earn a living.

The more credible evidence you have, the harder it is for insurance companies to dispute your claim.

Photos and Videos to Show Your Struggles

Visual evidence can be a powerful way to demonstrate pain and suffering. If possible, document:

• Your injuries, bruises, or scars throughout the healing process.
• Your physical therapy sessions or difficulty performing daily activities.
• Any medical devices you’re using, like crutches, braces, or wheelchairs.

Seeing the physical effects of an injury can be more compelling than words alone.

How Insurance Companies Calculate Pain and Suffering

There’s no exact formula for determining pain and suffering damages, but insurance companies often use one of these methods:

The Multiplier Method

In the multiplier method, the insurance company takes your total economic damages (medical bills, lost wages) and multiplies it by a number (typically between 1.5 and 5), depending on the severity of your injuries.

The Per Diem Method

With the per diem method, the company assigns a daily rate to your pain and suffering and then multiplies it by the number of days you’ve suffered.

Because these calculations can be subjective, you’ll want to have strong evidence and a great attorney to negotiate a fair settlement.

Why You Need a Lawyer to Maximize Compensation

Insurance companies don’t want to pay for pain and suffering unless they have to. They might argue your injuries aren’t that severe or your emotional distress isn’t real.

We see it every day. These companies have some of the biggest legal teams in the world on their side, and they can easily take down the little guy.

You don’t want to go up against them alone. Instead, work with a qualified, trusted car accident lawyer who can help you prove pain and suffering, along with all your other losses.

An experienced car accident lawyer can:

• Gather and present the strongest evidence to support your claim.
• Negotiate aggressively with the insurance company to get you fair compensation.
• Take your case to court if the insurance company refuses to pay what you deserve.

Having legal representation often results in a significantly higher payout than handling the case on your own. And they can help you navigate the offers you’ll receive. Plus, car accident lawyers don’t win anything unless you do.

A Memphis Car Accident Lawyer to Help You Prove Pain and Suffering

Proving pain and suffering in a car accident case requires solid evidence, consistent documentation, and expert legal guidance.

Medical records, personal journals, witness testimony, and expert opinions all play a role in showing the true impact of your injuries. It’s nearly impossible to gather this all on your own, and even more so when you should be focusing on what matters most: getting better.

That’s where we come in. Our award-winning Memphis car accident firm has helped hundreds of people in your situation get the compensation they need and deserve after a crash.

You shouldn’t have to worry about all the details. Instead, let our trusted team fight for you every step of the way.

If you’ve been in a car accident in Memphis and are struggling with pain and emotional distress, don’t settle for less than you deserve. Contact us today to discuss your case.