While pain and suffering is one of the most cited claims in an auto accident, it can often prove challenging to determine, since it is generally subjective. Evidence-based data will often be helpful when dealing with such a case, allowing you to put a damage cost on the ensuing injuries. Listed are some tips that will help you prove pain and suffering.
Keep a Record of Your Medical Details
Your medical documentation will be the most critical part of determining the pain and suffering caused by an accident. Keep track of notes detailing restrictions on physical movement and work activities, with these showing changes to your daily living after you sustain significant injuries. In addition to this, prescription records will also be ideal for supporting your case, most notably, drugs prescribed to relieve your pain.
Make it a point to keep receipts from mental health help sessions. These could be the treatment for problems such as PTSD-related symptoms, anger outbursts, changes in mood swings, and difficulty sleeping. Records state that approximately 7.4 million adults in Florida get help for PTSD disorders, some of which stem from serious motor vehicle crashes. If you need help figuring out which documentation will improve the success rate of your claim, a car accident lawyer in Vero Beach will be your go-to.
Get Copies of Job Dismissal and Follow Up Documentation
Serious injuries could result in job dismissals, with employers often required to issue letters or notices. Make it a point to get copies of such documentation, as this will come in handy in quantifying the damages you are owed based on your salary estimation. Changes in work responsibilities could also help with this, with reduced office hours working in your favour. Demotions in your job title could also be sufficient evidence, making a stronger claim for your case. The state currently experiences an unemployment rate of 2.6%, with the majority of layoffs linked to retaliation arising from insurance claims.
Personal Notes and Journal Entries
Notes and journal entries also capture the extent of your suffering, with self-reflection giving insight into the changes that have occurred due to injuries sustained. Unlike second-hand documents that may not adequately represent the extent of your mental and emotional state, these are essential in helping determine the subjective impacts of a crash. Written and verbal statements from close friends and family members will also be ideal in helping your legal team quantify how much you are owed.
Expert testimonials during court trials could also help support your pain and suffering claim. Professionals, such as counsellors, could break down the extent of your injuries, with hindrances in future employment opportunities acting as a sufficient foundation in ascertaining the loss of income.
Photographs and Video Footage
Photographs and videos of your injuries are another compelling part of proving pain and suffering. These could be photographs taken at the accident site or footage of recovery progress during your medical checkup. Due to the increased number of motor vehicle accidents in the area, recorded at approximately 2,350 in a two-year span, authorities have ramped up their traffic footage intake, with such records coming in handy as evidence sources. Texts and email correspondence between your friends and family will also be helpful and act as added photographic evidence of the suffering caused.
The above will be essential in helping your legal team assemble the needed evidence to support your pain and suffering claim. While the negotiation process will not be an overnight success, documentation such as medical bills, testimonials from your personal records, and family members will be vital for helping support your case. Job dismissal records, expert testimony, and photographic evidence will also be ideal when filing for a personal injury claim after an auto accident.