How Do You Prove Pain and Suffering After an Injury?

When you’re hurt in an accident caused by someone else’s carelessness, you may be entitled to compensation. Some losses, like medical bills or missed paychecks, are easy to add up. But others—like your pain and emotional stress—are more difficult to put into numbers. These are called pain and suffering damages.

So, how do you prove something that doesn’t show up on a receipt? That’s where careful documentation and legal guidance come in.

What Counts as Pain and Suffering?

Pain and suffering covers the physical and emotional effects of your injury. These are considered non-economic damages, and they typically include:

• Physical pain: Ongoing pain during recovery or long-term discomfort.

• Emotional distress: Anxiety, depression, or trauma triggered by the incident.

• Loss of enjoyment of life: Missing out on activities you once loved—like sports, hobbies, or time with loved ones.

• Loss of companionship: If your injury affects your relationship with your spouse or family, this may also be considered.

How Can You Prove Pain and Suffering?

Proving pain and suffering takes more than just saying you’re hurt. It requires solid evidence to show how the injury has changed your life. Here are a few ways you can support your claim:

• Medical Records: These documents show the extent of your injury and the treatments you’ve received. They also help show how your life has been affected over time.

• Pain Journal: Writing down your symptoms, emotional state, and daily struggles in a journal can help track your recovery and provide insight into your personal experience.

• Photos and Videos: Visual evidence—like pictures of your injuries or videos showing how your mobility has changed—can make a strong impact.

• Witness Statements: Friends, family, or coworkers can describe the changes they’ve seen in your mood, behavior, or ability to function.

• Expert Opinions: Medical professionals, psychologists, or vocational experts may testify about how your injuries affect your physical health, mental well-being, or ability to work.

• Personal Statement: You may also share a written or spoken impact statement that describes how the injury has changed your daily life and personal relationships.

Can You Claim Pain and Suffering Through Insurance?

Yes—but it depends on the situation and the laws in your state. For example:

• In fault-based states, you can file a third-party claim with the at-fault party’s insurance and seek pain and suffering damages.

• In no-fault states, like Florida, your Personal Injury Protection (PIP) typically only covers medical expenses and lost wages—not pain and suffering. However, you can file a lawsuit if your injuries are serious, such as a permanent injury or disfigurement.

Before making a claim, it’s best to talk with a personal injury attorney who understands your state’s rules. They can guide you on whether you’re eligible for these damages and how to build a strong case.

Final Thoughts

Pain and suffering may be invisible, but their effects are real. If your injury has taken a toll on your body or your peace of mind, you deserve compensation. With the right evidence and legal support, you can pursue the financial recovery you need to move forward.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.