When it comes to personal injuries, not all of your losses are financial.
The pain that you experience, both mental and physical, is just as devastating. So, you may be wondering, how can I prove my pain and suffering?
Thankfully, there are a few methods that might help show these losses.
Defining Pain and Suffering
Pain and suffering is any intangible, non-financial loss associated with your injury. In the legal world, pain and suffering is sometimes referred to as non-economic damages.
Some examples of these damages include:
- Mental anguish,
- Chronic pain,
- Disability,
- Disfigurement, and
- Loss of life’s enjoyment.
Essentially, pain and suffering is a reduced quality of life resulting from your personal injury.
This means that if the injury interferes with any normal activities, you may have non-economic damages.
Can You Sue for Pain and Suffering?
Yes, victims of personal injury may sue for pain and suffering. However, they must also show that they have applicable economic damages (e.g., medical bills, property damage, etc.).
In addition, there are some states that place a limit on the amount of pain and suffering damages received depending on the type of case.
For example, in New Mexico, victims of personal injury caused by a government employee or entity may not receive more than $750,000 in compensation.
How Can I Prove My Pain and Suffering?
Proving pain and suffering in a lawsuit is no easy task since there are no accompanying receipts or invoices to prove your pain.
Even so, there are a few different things you can do to help your case, like having accurate medical documentation and personal accounts of your struggles.
Collect Thorough Medical Records
One of the primary factors in calculating pain and suffering is your medical treatment history.
Nothing gives a clearer picture of the severity of your injuries than notes from your doctor about your condition.
They provide an objective outlook on your recovery and associated medical challenges.
Thus, medical records are an essential piece of evidence in any pain and suffering lawsuit.
Keep a Journal of Your Day-to-Day Challenges
Another way of showing your pain and suffering is by recording your experience during recovery. Having a journal to write down your thoughts and feelings is a great way of showing how your injuries affect you at different moments.
This is especially true if you present your personal account alongside your medical records.
How to Ask the Insurance Company for Pain and Suffering Damages
During the settlement process, your attorney will negotiate pain and suffering with the insurer.
Since these damages don’t have a straightforward financial cost, they may use a formula to determine the appropriate amount of pain and suffering.
These formulas are typically more representative of your unique situation than any used by a pain and suffering calculator online.
Need Help Negotiating Your Damages?
You may still wonder, Exactly how can I prove my pain and suffering?
If you’ve sustained a serious personal injury due to a negligent person, Tawney, Acosta & Chaparro P.C. is here for you.
With decades of combined experience, our trial attorneys know the long-term effects of injuries on a victim’s quality of life.
That’s why we aggressively fight for them and their recovery. Our testimonials speak to our dedication to our communities.
To schedule a free consultation, please call us at 575-222-1000 or send us a message. We proudly serve clients throughout New Mexico and Texas.
James Tawney
James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona where he attended Northern Arizona University where he received his undergraduate degree. James then went on to attend Texas Tech University School of Law in Lubbock, Texas. In 2016, he, along with fellow plaintiff’s attorney Alejandro Acosta, founded Flores, Tawney & Acosta, P.C. with offices located in Las Cruces and Carlsbad, New Mexico, and El Paso, Texas.
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