42,939 people died due to car accidents in the US in 2021. Car accidents don’t always result in fatalities. In fact, most of the time, it results in injuries. Injuries could range from minor scrapes to amputations.
One of the most common reasons for car accidents is negligence. Distracted driving, driving under the influence of alcohol, and speeding are some common forms of negligence that can cause car accidents. This driver’s negligence inflicts many losses on the victim of a car accident.
Luckily, car accident victims are allowed to claim compensation for their losses with the help of experienced car accident attorneys. Victims of car accidents sustain two types of losses—economic and non-economic. Economic losses are fairly easy to claim compared to non-economic losses.
Non-economic damages are damages that are not quantifiable and are subjective to the victim. Following are some of the non-economic losses a victim will sustain:
- Pain and suffering
- Loss of quality of life
- Emotional distress
- Reputational damage
- Loss of consortium
As you can see, none of these damages are quantifiable. These losses can be experienced only by the victims. In addition, proving these losses is also quite hard. This blog post explores strategies you can use to prove pain and suffering.
How to Prove Pain and Suffering
Pain and suffering refer to the physical pain a car accident victim will experience due to their injuries. The expense you incur due to a broken bone is an economic loss. The pain you feel due to a broken bone is a non-economic loss. Following are some of the strategies you can use to prove pain and suffering:
- Medical records
- Expert witness testimony of a doctor
- Testimony of friends and family
- Keeping a journal
Medical Records
A medical record is a detailed documentation of your injuries. It states the severity of your injury, the treatment you are undergoing, and how long it will take for a full recovery. Submitting your medical records is a great way to prove pain and suffering. By showing the severity of your injuries, you can make the judge and jury understand the pain you are going through.
Expert Witness Testimony of a Doctor
The best way to prove pain and suffering. You can call your doctor to testify as an expert witness. A doctor can explain your injuries and the pain you will experience due to them in detail to the court. Since it directly comes from a doctor, people will consider their statement more trustworthy.
Testimony of Friends and Family
Your friends and family can testify in court. People who are always with you will know the pain you are experiencing. They tell the court about your behavioral change, the mental trauma you are experiencing, and the physical pain you are going through.
Keeping a Journal
Finally, your statements matter. Keep a journal to document the pain you feel. Note down things like the time when it hurts the most, how long the pain lasts, etc. By documenting these things, you can give a clear idea of what you are going through to the court.
Final Thoughts
Proving pain and suffering in a car accident case is not an easy task. You will need the help of an experienced car accident attorney. They know the best strategies, apart from the ones mentioned in this blog post, to prove pain and suffering.