In a personal injury lawsuit, the most personal losses are often the hardest to prove. Your pain and suffering are very real to you, but insurance companies often need substantial evidence before they take it seriously. As if living with the pain wasn't hard enough, you're now faced with the burden of having to prove it.
That's why gathering evidence is so important. Medical documents, a loved one's testimony, and even pain journal entries can showcase the impact of your injury. An experienced personal injury attorney can help elevate that showcase and present it persuasively during settlement negotiations or in court. Your pain is real, and it deserves to be part of the conversation.
What Evidence Can Prove Pain and Suffering?
Pain and suffering can take the spark out of life. Chronic pain, mental strain, and watching your relationship with the world around you deteriorate can be devastating. Even if you invest time and effort into your own testimony, the insurance company may still shrug their shoulders. Here's what can help strengthen your claim:
- Your medical records: This can include physician notes, diagnostic tests, prescription medication receipts, and anything else that defines your personal care.
- A pain journal: Keeping a journal on your day-to-day experience with pain can illustrate the specifics of how your injury has interrupted your life.
- A loved one's testimony: Your pain may be your own experience, but the people closest to you see things you don't. Their outside perspective can prove invaluable.
- Therapist notes: Emotions can be hard to articulate, and therapists can help to define and explain the psychological toll an injury takes on you.
- Pictures or videos: Multimedia documentation that depicts you coping with an injury is much harder for your insurance company to look away from.
Pain and suffering can be challenging to prove, but an experienced personal injury attorney can help you stay on top of pertinent details.
Why Downplaying Your Pain Can Hurt Your Claim
Midwesterners are not known for complaining. We show up, and we push through.
The instinct to keep quiet can absolutely backfire in a personal injury case. While there has been plenty of conversation about the dangers of exaggerating injuries, underplaying them is just as dangerous.
If you are hesitant to speak up about your pain, it can leave room for your insurance company to question if you're actually struggling at all.
The Dangers Of Social Media
Refraining from using social media in any capacity can be wise. Even in a difficult week, you might find one reason to smile. Posting that smile, however, can backfire. The insurance company might argue that you're not in that much pain, after all, you sure look happy. Being surveilled in any capacity can be unnerving, and social media may not be where the insurance company stops. They may be monitoring your actual movements to look for inconsistencies in your story.
Why Hiring A Personal Injury Attorney Can Help
Your pain and suffering has taken so much from you, but the insurance company tends to pay attention to damages that come with a price tag.
An experienced personal injury attorney can help evaluate your case and convey the full impact of your injury on your life. Here is a closer look at what legal representation can do:
- Amplify the narrative of your injury while keeping it consistent, clear, and transparent.
- Collaborate with medical professionals to make sure your symptoms are represented well in their notes.
- Provide feedback and coaching on your pain journal so that it is specific and thorough.
- Use their network of subject matter experts to strengthen the details of your case.
- Utilize your network (coworkers, friends, loved ones) to offer testimony on your condition.
- Counter insurance company tactics designed to reduce the value of your claim
The more aspects of your case a personal injury attorney can address, the more persuasive their argument becomes.
Contact A Personal Injury Attorney Today
Your pain goes beyond what might show up on an X-ray. At Nicolet Law Accident & Injury Attorneys, we advocate for our client's recovery, and that is all-encompassing. If your recovery process is proving challenging--and it is for many--don't be afraid to reach out for help. At Nicolet Law, we aim to set you up for success in your next chapter.
We have experience helping our clients with every aspect of personal injury cases. Contact us to set up a free consultation. We'll help you understand your rights and whether you can reasonably pursue compensation for your injuries.
Russell Nicolet, Firm President & Personal Injury Attorney