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Soup.io > News > Business > Pain and Suffering in Personal Injury Law: A Loss That is Difficult to Prove
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Pain and Suffering in Personal Injury Law: A Loss That is Difficult to Prove

Cristina MaciasBy Cristina MaciasOctober 1, 2024Updated:October 1, 2024No Comments3 Mins Read
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Pain and Suffering in Personal Injury Law: A Loss That is Difficult to Prove
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More and more young professionals are moving to Cleveland, as the living cost is 22.9% less than the national average. The one problem with a growing population is that the rate of accidents will also rise. An accident can result in two types of losses: economic and non-economic.

Pain and suffering, which come under non-economic losses, is a common consequence that most accident victims experience. When it comes to quantifying the pain that a person experiences or the distress they suffer upon the occurrence of an accident, how do you go about it?

When you are hurt due to an accident in Cleveland, you can attest to how complex it is to communicate the level of pain to a legal representative. This process becomes complicated when the insurers seek to reduce these non-economic damages.

This is why it is necessary to turn to specialists who understand these problems for assistance. If you’re facing this issue, it may be helpful to talk to a Cleveland personal injury lawyer who can guide you through the legal process.

Why is Pain and Suffering So Hard to Prove?

Pain and suffering are usually hard to quantify. It is extremely important to realize that what many people may find unbearable is perfectly acceptable to another. It has been deemed impossible to peg the intensity in actual measurement or even by a simple laboratory examination. It requires:

  • Testimonies from medical professionals about the severity of the injury.
  • Psychological assessments of the emotional toll.
  • Personal accounts from the victim and their loved ones.

Key Factors Influencing Pain and Suffering:

  1. Nature of the Injury: Pain and suffering compensation is higher in severe and long-lasting injuries such as paralysis or loss of a limb.
  2. Length of Recovery: If this injury takes months or years in the recovery process, then it will enhance the claim.
  3. Emotional Impact: Psychological problems that can follow an injury are emotions such as depression, anxiety, and even PTSD, which are capable of being out measured.
  4. Daily Life Disruptions: Loss of recreational pursuits, social exclusion, and diminished lifestyles are some of the aspects of the claim.

Common Forms of Evidence

However, as this article has shown, it is not impossible to prove pain and suffering. Strong cases use the following types of evidence:

  • Medical Records: Documentation of physical injuries and treatments.
  • Therapist or Psychologist Reports: Notes on emotional and mental health conditions.
  • Daily Journals: Written logs from victims detailing how their lives are impacted.
  • Pain Diaries: Detailed accounts from victims on the intensity and frequency of pain they experience daily.
  • Witness Statements: Reports from victims’ family, friends, or colleagues who were able to notice the changes in personality or physical state after the accident.
  • Photos or Videos: Photos of the injuries sustained and how they have impacted the functionality of the affected part.
  • Prescription Records: Documentation showing the type and amount of pain medicines administered, which indicates how severe the pain is.
  • Work Records: Medical records demonstrate that certain days were missed at work or the inability to resume previous job activities due to the injury.

Conclusion

The fact is that pain and suffering are some of the hardest things to document, yet they are as genuine as any of the other effects of an injury.

Recognizing what can either positively or negatively impact your case and procuring adequate evidence will ensure that one is adequately compensated.

To ensure that your pain and suffering are well compensated in court, seek advice from a professional like Cleveland’s personal injury lawyer.

 

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Cristina Macias
Cristina Macias

Cristina Macias is a 25-year-old writer who enjoys reading, writing, Rubix cube, and listening to the radio. She is inspiring and smart, but can also be a bit lazy.

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