Proving Pain and Suffering

How to Prove Pain and Suffering From a Car Accident

Since compensation is not a tangible measurable, pain and suffering must be proven to argue for fair compensation.  Gathering evidence after a car accident is always a good idea for both special damages and general damages.

Documentation that helps your attorney argue for fair pain and suffering compensation includes:

• Medical records
• Journal entries
• Witness statements
• Photographs

DETAILED JOURNALING

Since pain and suffering includes the longevity and anticipated persistence of the effects, collecting evidence can be something that happens over a period of time. Keeping daily journal entries to track your experience over a length of time can support your case for proving the intensity of your pain and suffering. Tracking your experience shows the insurance adjuster, judge, or jury how your injuries impact your everyday life.

You can write about experiences like:

• Duration, level, and location of your pain (try putting your pain on a numerical scale)
• Frustrations
• Feelings surrounding needing help with bathing or personal hygiene
• Fear of lifelong disability and pain
• Sadness, depression, or anxiety
• Heartache from missing special occasions, family gatherings, or holidays
• Intensity of mental and physical anguish

MEDICAL RECORDS

Medical records help to support any monetary compensation needed, but how can they help prove general damages? For pain and suffering cases, medical records can significantly support your claim because those records include a doctor’s notes.

Measuring the pain of physical damages, especially as they relate to mental impacts, can be affirmed by the doctor’s comments on severity. If you visit a therapist or seek counseling, keeping track of dates and topics of discussion also count as relevant documentation.

WITNESS STATEMENTS

It’s typical to use witness statements at the scene of an accident as evidence, yet the type of witnesses can broaden as your pain and suffering continues. Collecting statements from family members, friends, neighbors, and caretakers can support your case. Those close to you can describe how your life has been impacted. They are witness to personality changes and physical limitations due to your accident.

PHOTOGRAPHS

Documenting your pain and suffering journey through photographs and videos can help insurance adjusters and judges visualize the effects of the car crash. Presenting visual evidence can be a strong testament to pain and suffering post-accident.

CALCULATING PAIN AND SUFFERING FROM A CAR ACCIDENT

Unlike specialty damages like medical bills and lost wages, pain and suffering is not as easy to calculate into a monetary amount. There are several options for your attorney to quantify your pain and suffering (noneconomic damages). The attorneys at Daniels & Scriven, P.C., have spent years determining the best and most effect ways to quantify an injury victim’s noneconomic damages to provide the compensation they so desperately need and are entitled.

AVERAGE PAIN AND SUFFERING SETTLEMENT FOR CAR ACCIDENT

Every car accident is different, thus different settlements ensue for each collision and the damages that occur. Determining pain and suffering is based off of the calculations discussed above. Determining the cost of the payout is based on how much the multiplier is in the case. The actual cost will be determined on factors to justify the multiplier by presenting evidence.

Evidence is crucial in pain and suffering cases. Proving that your discomfort is liable for compensation can be difficult and subjective. Work with an experienced lawyer to advocate for you, both in qualifying and justifying your pain and suffering.

Payouts for auto accident pain and suffering cases can be quite high, so some states put caps on the amount of money a person can receive in a settlement or case. Colorado puts caps on damages for pain and suffering. Speak with your attorney for a more in-depth look into specific compensation caps for your case.

COLORADO INSURANCE PAYOUTS FOR CAR ACCIDENTS PAIN AND SUFFERING

Colorado is a comparative fault state, meaning auto insurance payouts are given based on the percentage of a person at fault. Some policies such as liability with higher coverage may allow you to sue for pain and suffering. If you are at fault, then your insurance will cover damages for the injured driver.

HOW TO SUE FOR PAIN AND SUFFERING CAR ACCIDENT

The process for suing in a pain and suffering claim in auto accidents involves negotiating settlement with the other party involved. If either party disagrees on the requested compensation, then the case may go to trial, where your attorney represents you in court.

When you get into a car accident and sue for pain and suffering, settlement negotiations conclude faster than litigation. If you receive a low offer from the defendant’s car insurance company and would like to counter the offer, our attorneys will be with you to help get the compensation you deserve.

WORKING WITH CAR ACCIDENT ATTORNEYS

Reaching out to car accident attorneys in the Denver metro area can be beneficial in the long run.  Attorneys are responsible for presenting evidence to justify your pain and suffering after a car accident. They calculate your damages to help you receive the highest amount of compensation possible.  Pain and suffering after a car accident can be staggering.

The attorneys Daniels & Scriven, P.C. will help you each step of the way. Contact us today (720) 863-6006 or DanielsScrivenLaw.com for a no-obligation case evaluation.