When someone is injured due to another party’s negligence in Vermont, the harm often goes beyond physical wounds. Emotional distress, anxiety, and the inability to enjoy life can be just as disruptive as broken bones or hospital stays. These non-economic losses fall under “pain and suffering,” a legal concept that plays a key role in personal injury compensation—but proving it can be far more complex than documenting a medical bill.
Understanding how to prove pain and suffering in a Vermont personal injury claim is essential for building a strong case. While these damages are subjective, they’re not impossible to validate. With the right evidence, strategy, and legal support, injured individuals can make a compelling argument for fair compensation.
What Qualifies as Pain and Suffering in Vermont?
In Vermont, personal injury law recognizes two types of pain and suffering:
- Physical pain and discomfort: This includes the immediate and ongoing effects of an injury—chronic pain, limited mobility, or complications requiring long-term treatment.
- Emotional or psychological distress: This encompasses anxiety, depression, PTSD, fear, and the general loss of enjoyment in life that can result from an accident.
Unlike economic damages (like medical expenses or lost wages), pain and suffering are harder to quantify. There’s no receipt or invoice that explains what emotional trauma is worth. That’s why proving these damages requires a different approach—one rooted in documentation, credibility, and often expert analysis.
How Vermont Courts Evaluate Pain and Suffering
Vermont does not cap non-economic damages in personal injury cases. This allows juries and judges more flexibility in awarding compensation for pain and suffering, but it also puts the burden on the plaintiff to make a convincing case.
Courts may consider:
- The severity and permanence of the injury
- The duration of recovery
- The impact on daily life and activities
- The emotional toll, including changes in personality or relationships
- The credibility of the plaintiff and supporting witnesses
Pain and suffering compensation is highly subjective, and awards can vary widely. This makes strong evidence and persuasive storytelling vital to the outcome.
Key Evidence That Supports a Pain and Suffering Claim
To strengthen a pain and suffering claim in Vermont, injured parties should gather a combination of objective records and personal accounts. The following types of evidence are often most effective:
1. Medical Documentation
While medical bills are used for economic damages, the actual records—doctor’s notes, treatment plans, diagnosis reports—can describe the severity of an injury in clinical terms. This helps establish the source of the pain and shows that it was not short-lived.
2. Testimony from Medical Experts
A treating physician or pain management specialist can explain how a particular injury causes ongoing suffering. These professionals often testify about the long-term impact, likelihood of recovery, and necessary future care.
3. Psychological Evaluations
If emotional distress is part of the claim, a psychologist or licensed therapist can provide formal diagnoses of conditions like depression or anxiety stemming from the accident. Their insights can connect the emotional state directly to the injury.
4. Personal Journals and Pain Logs
One of the most effective tools is a day-to-day account from the injured person. These journals can document sleepless nights, panic attacks, or missed events due to discomfort. They create a timeline and add a personal layer to the case that medical charts cannot.
5. Witness Statements
Family members, coworkers, or close friends may notice changes in the plaintiff’s behavior or mood. Their statements can support claims that the injury affected personality, relationships, or participation in daily activities.
6. Photographic or Video Evidence
Images of the injury, recovery process, or physical limitations (such as using a cane or struggling with mobility) provide compelling visual proof. Videos showing how life has changed can resonate with juries more than written documents.
7. Vocational Expert Testimony
If the injury affects the ability to work, vocational experts can testify about how the plaintiff’s career or future earning potential has been altered. This overlaps with economic damages but reinforces the extent of personal loss.
How Insurance Companies Respond to Pain and Suffering Claims
Most personal injury claims in Vermont settle before trial, but insurers typically challenge pain and suffering amounts. Since these damages lack a clear dollar figure, adjusters often try to minimize or discredit them.
Common tactics include:
- Arguing that emotional distress was pre-existing
- Downplaying injuries that lack clear physical evidence (e.g., soft tissue injuries)
- Disputing the credibility of the plaintiff or their supporting witnesses
Because of this, injured parties must present consistent, well-documented evidence and avoid gaps in treatment or communication that could cast doubt on the legitimacy of their suffering.
How Pain and Suffering Is Calculated in Vermont
Vermont law doesn’t follow a strict formula for calculating pain and suffering. However, two informal methods are often referenced:
- Multiplier method: This approach multiplies the economic damages (such as medical bills) by a number based on the injury’s severity—typically between 1.5 and 5.
- Per diem method: A daily rate is assigned to the plaintiff’s pain, then multiplied by the number of days until recovery or expected resolution.
Although these tools can guide negotiations, Vermont courts ultimately allow juries to determine what amount feels fair based on the facts.
Statistical Insight: Pain and Suffering Awards in Context
While data on non-economic damages in Vermont is not centralized, national trends offer perspective. According to Jury Verdict Research, the median award for pain and suffering in serious injury cases across the U.S. is around $250,000. However, awards can vary significantly depending on jurisdiction, evidence strength, and injury type.
In Vermont, the absence of a damages cap gives plaintiffs more opportunity to argue for compensation that truly reflects their personal losses—especially with strong supporting evidence.
Conclusion
Proving pain and suffering in a Vermont personal injury claim requires more than simply stating how bad an injury feels. It demands detailed evidence, honest storytelling, and strategic presentation. From medical records and expert testimony to personal accounts and daily impact logs, every piece of documentation adds depth to the claim.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.