If you've been hurt in an accident, all you want is to recover. However, in some situations, your injuries may take some time to heal or you may never recover fully at all. Expenses related to your injuries can make life difficult, and you have no idea what to do.
Have you heard the term "pain and suffering?" Most of us have, but may not know what it actually means, let alone how to prove pain and suffering in a personal injury case.
An NJ personal injury lawsuit can be the only option for fair compensation if an insurance company is unwilling to pay when filing a claim. Pain and suffering can be included in personal injury lawsuits. How do you prove pain and suffering? We will cover some of the necessary steps to take to prove this in your personal injury case.
Retaining an experienced NJ personal injury attorney is one of the first steps to take. Consult with as many as needed until you find the right one. Brandon J. Broderick, Attorney at Law has serviced clients in the state of New Jersey for decades. Call our office today to speak to an attorney about your case.
Pain and Suffering: Legal Definition
Pain and suffering, as defined by law, includes both the mental and physical trauma you've endured due to another party's negligence. It's a wide-ranging term that will include most suffering you experience due to an injury suffered in an accident.
A personal injury attorney may advise you to include pain and suffering when you calculate the potential value of your non-economic damages.
Physical Pain and Suffering
In a personal injury case, it is generally easier to prove physical pain and suffering than emotional trauma. Injuries that would fall under physical pain and suffering, include:
- Chronic pain
- Loss of vision/hearing
- Nerve damage
- Scarring
- Eye injuries
- Paralysis
- Spinal cord injury
- TBI (Traumatic Brain Injury)
- Third degree burns
Emotional Distress
You may be eligible for compensation for emotional distress if you have endured physical or mental suffering as a result of your personal injury. In a personal injury claim, you can claim emotional distress for:
- Depression
- Anxiety
- Insomnia
- PTSD (Post Traumatic Stress Disorder)
Proving Pain and Suffering
In order to prove that you've suffered physical pain and emotional distress as a result of your accident, a personal injury attorney will help you construct your case with evidence, such as medical records, interviewing witnesses, and consulting with forensic experts.
Below are ways an experience lawyer will prove pain and suffering:
- Compile all documents that detail diagnoses and medical treatments you've had because of your injuries. Treatments can include visits to the doctor, mental health care, medication (such as antidepressants and anxiety drugs), procedures, rehabilitation services, surgeries, and more.
- Proof may be documented through photos or video, as well as time away from work. Document any time away from work due to the injuries.
- Evidence provided via testimony from family members or close friends. They can attest to the impact your injuries have had on your daily life.
- Medical professionals' statements regarding treatment you received for your injury.
- A pain journal can be used to document your symptoms and experiences after suffering an injury in an accident.
- Police and injury reports. You may be able to support your claim for pain and suffering by submitting reports to the police, private companies, or about incidents at work.
NJ Personal Injury Attorneys at Brandon J. Broderick Can Help
A New Jersey personal injury attorney can be invaluable if you are experiencing pain and suffering after an accident. In a personal injury case, you might not have the knowledge or resources to prove pain and suffering on your own. An attorney can assist you with the intricacies of your case.
Clients of Brandon J. Broderick, Attorney at Law make you their first priority. We will prioritize your justice.
Contact us today to schedule a free consultation with our attorneys.