Learn what types of evidence can be used in a personal injury case.
Following a serious accident, you may be left with many different types of injuries. Some physical injuries, such as broken bones or lacerations, will be obvious. Other injuries that don’t leave a clear mark (such as mental and emotional suffering) can be more subtle, and more difficult to prove in a personal injury case. However, this doesn’t mean you don’t deserve compensation for these injuries and their impact on your employability and quality of life. Fortunately, a skilled personal injury attorney like Michael A. Kahn can help you prove all kinds of injuries, including pain and suffering, and secure the compensation you deserve.
What Does Pain & Suffering Include?
Pain and suffering includes both the physical pain and the mental anguish stemming from your injuries. In other words, you are entitled to compensation both for the time spent living in pain and for the collateral damages caused by the pain, such as:
- Lost wages
- Lost earning capacity
- Loss of consortium
- Loss of enjoyment of life
- Changes in personality, emotions, and cognitive ability related to brain injuries
Evidence for Proving Pain & Suffering
Many different types of evidence can come into play in a personal injury case. First of all, you have evidence documenting visible injuries. This could be sources like x-rays of broken bones or photographs of bruising and lacerations as they heal.
Next, you have evidence related to physical pain stemming from injuries that are not easily visible. This can include many types of soft tissue injuries such as damage to muscles, ligaments, and tendons. Because these injuries do not show up on x-rays, you will need to present medical records to help prove that they occurred as a result of your accident.
You will also need to provide evidence establishing the length of recovery time for your injuries. Injuries requiring a lengthy recovery process are assumed to be inherently worthy of more pain and suffering damages than injuries that heal quickly.
The Importance of a Personal Injury Diary
For the mental and emotional aspects of pain and suffering, as well as for maximizing compensation for physical pain, your best form of evidence is a personal injury diary. In this diary, you should document the many ways that your injury has affected your life. Be sure to include descriptions of your pain, your medications, your medical treatments, your mood and mental state, and even your sex life—if an area of your life has been adversely affected by your accident, your personal injury attorney wants to hear about it.
Wondering what your case might be worth? Contact personal injury attorney Michael A. Kahn for a free initial case evaluation.
