How to Prove Pain and Suffering Following an Injury

How to Prove Pain and Suffering Following an Injury

Two basic indicators of the pain and suffering experienced following an accident are the type of injury you suffer and the nature and duration of your treatment. The proof is up to you and your personal injury lawyer to demonstrate exactly what you are going through and what the future might look like in order to get the compensation you deserve.

One factor an insurance company will take note of is whether you have been prescribed medication for pain, inflammation other symptoms related to your injury. Although you may be the type of person who typically shuns medication, preferring to tough it out,  remember that the insurance company is looking for concrete evidence of your pain and suffering which can be informed by medications you are prescribed.

Another factor is the time it takes to recover from your injuries. In the insurers eyes, the longer the recovery period, the greater the person’s pain and suffering. Again, insurers look for concrete evidence and the best way to demonstrate the fact that you have been suffering pain and discomfort from an injury is to have it noted in a medical record. If you see a doctor after being injured in an accident, many will treat you and make a note of the expected time of recovery and send you on your way assuming all is going as planned unless you return. If you are experiencing problems, you are encouraged to make repeated visits to your doctor so you can describe your progress first hand, or lack thereof, and the doctor can add accurate notations to your record. A doctor’s notes speaks volumes to an insurer who will see that your injury is receiving ongoing attention, which may result in increased compensation.

If the injuries you suffered resulted in long lasting or permanent effects, then the amount of your damages may go up significantly. Any disfigurement such as a scar, or a residual disability that has caused limitations in your ability to get around, can have a great impact on your life at work and home for a long period of time and may therefore be subject to higher awards. If your injuries result in a domino effect of other kinds of physical pain or emotional discomfort such as loss of sleep or embarrassment, for example, interfering with your regular routines, it is important to also keep a record of those facts so you can seek maximum compensation.

If you have been injured in an accident, it is in your best interests to speak with an experienced personal injury attorney to discuss the unique circumstances of your case and what you can expect when pursuing compensation. Because insurance companies are not looking out for you, but rather their bottom line, it is important to have a strong advocate working for you. Contact the Des Moines personal injury law offices of Stoltze & Stoltze PLC for help at515.989.8529.