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How to Prove Your Pain and Suffering After an Accident

Posted on September 11, 2022 in

If you were in an accident and are experiencing pain and suffering, you will need to prove your damage claims to the court and/or others such as insurance claims adjusters if you want to receive a recovery. This may feel overwhelming or confusing, especially if you’ve never been in a serious accident with severe injuries.

  • How do you prove your physical pain, emotional suffering, and future damages so you can get the compensation you deserve by law? 
  • How do you prove the nature, extent, duration and degree of pain for a serious injury when the defense injurance company says you must prove each part? 
  • How do you deal with the argument that you are exaggerating to get more money?

If you need help proving your pain and suffering, and if you’d like to understand better what to do following an injury accident, our team at Jensen Phelan Law Firm may be able to help. We are specialist personal injury lawyers who have assisted numerous victims with their cases. We’ve outlined below how non-economic damages such as pain and suffering are proven.

How to Prove Your Pain and Suffering

Most often, pain and suffering result from severe injuries. If you have injuries causing pain and suffering, or your injuries appear to have healed but you’re still dealing with pain and suffering afterward, this is relatively normal. How do you prove your physical pain and emotional suffering? Just your own testimony is suspect, you need more.

You may be able to do this by collecting relevant evidence of the “mechanism of injury.” Car accident trauma to your body can be proven with auto damage photos, repair estimates or invoices. They can support the claim that the same trauma that bent and crushed metal also harmed your body in specific ways consistent with your medical diagnosis/diagnoses. You will normally be able to prove pain, suffering and future damages much better, with a larger dollar total, by hiring a good injury claim lawyer. Your lawyer, especially an injury claim specialist, will generally be able to find and document the proof you need, analyze your case evidence together with the law that applies to the evidence, and present the case for settlement seeking much more than you can expect to prove on your own. You should normally be prompt to seek medical attention, as a medical professional normally can examine your injuries, do any testing needed to determine the nature and extent of the injuries, and be able to assess the injury situation fully leading to a diagnosis (or diagnoses if there are multiple injuries) which the insurance company will require. That will normally lead to your medical provider suggesting treatment plans, prevent your injuries from worsening, and provide medical records that explain the likelihood of pain and suffering after your injuries appear to have healed. These medical records are vital to proving your injury damages claim to the insurer for the person or business that caused you harm.

Depending on the severity of your injuries and how quickly you are expected to heal completely, with proper proof you may receive compensation many times the value of your medical bills and other costs related to your injuries. Your medical bills will be dated and come with medical records that connect your injuries to your accident.

How Else Can Your Lawyer Help After an Accident?

If you need to prove your pain and suffering, you may want to hire a lawyer. Speaking with legal representation without delay may help you keep your case facts straight, prove your side of the accident, and help you receive the maximum possible compensation for your damages. Your lawyer may also help you with the following:

  • Legal knowledge
  • Negotiation tactics
  • Handle insurance companies and other legal representatives
  • Maximize compensation (remember, it is your recovery amount after legal fees that matters, so a lawyer should recover at least 50% more than you can recover without a lawyer, which Jensen Phelan Law Firm regularly does so that you end up with more)
  • Reduce stress
  • Collect, document (by photos, recorded interviews, etc.) and analyze evidence
  • Join or lead investigations
  • Refer you to medical and other professionals (such as specialists for your type of injury)
  • Provide other useful resources consistent with injury law skill and experience (Jenen Phelan has over 40 years of injury law experience with a better than 99% success rate).

We strongly recommend retaining the best specialist injury lawyers you can, as top-quality legal representation often results in more significant awards for your damages. Please refrain from representing yourself during legal proceedings, as your legal representation is far more likely to accurately and favorably represent your case.

Prove Your Pain and Suffering With Jensen Phelan Law Firm Specialist Personal Injury Lawyers in Arizona

If you are injured and need to prove your pain and suffering, we at Jensen Phelan Law Firm may be able to help. We have assisted numerous clients with their personal injury cases, allowing them to get the compensation they deserve for their pain and suffering, injuries, property damages, and more. Our legal team prides itself on supporting clients through every step of the legal process, which significantly reduces stress during the legal process.

If you think our team might be a good fit for your legal representation, you can contact us for a free assessment of your case and an explanation of your rights. To take advantage of our legal knowledge, skills, resources, and more, feel free to give us a call at your earliest convenience. You can get in touch by calling (928) 778-2660 or completing our contact form.