If you have been seriously injured in a car or truck accident, your medical bills and lost earnings could reflect just a fraction of the financial compensation you are entitled to recover. In Louisiana, accident victims can obtain just compensation for their pain and suffering as well.
But, as with your financial losses, you must be able to prove your pain and suffering in order to recover the financial compensation you deserve. So, how do you prove pain and suffering after a serious accident in Louisiana?
7 Types of Evidence Used to Prove Pain and Suffering in Louisiana
When we represent victims of serious accidents, we use a variety of types of evidence to prove the non-financial costs of our clients’ injuries. For example, if you choose our firm to represent you, some of the types of evidence we may use during your case include:
1. Your Medical Records
Your medical records will show the severity of your physical injuries, and this will shed light on the level of pain, the physical limitations, and the other negative impacts you experience on a daily basis. Your doctor’s notes, x-ray images, MRI and CT scans, test results, and other types of medical records can all be relevant, and we can work with your medical providers to collect all of the documents we need.
2. Your Prescriptions
Your prescriptions can help with proving your pain and suffering as well. For example if you are on pain medications, showing this to the jury (or the insurance company) will be important. With that said, you do not have to take pain medications in order to seek pain and suffering damages. Taking other medications that have potential side effects, that prevent you from doing things, that you need in order to sleep, and that impact your life in other ways can all be highly relevant as well.
3. Your Notes
When you have an accident claim and you are planning to seek financial compensation for your pain and suffering, it is important to take detailed notes. The more information you can record, the better. Your daily pain levels (and how they change throughout the day), any work hours or activities you miss, any negative impacts on your relationships, and any other ways your physical or psychological trauma impacts your life will all be important to document while your claim is pending.
4. Your Photos and Videos
Along with taking detailed notes, taking photos and videos can help as well. You can record yourself talking to the camera, and you can use photos and videos to document your day-to-day life as you cope with the effects of your trauma.
5. Your Family Members’ and Friends’ Testimony
Testimony from family members and friends can be extremely helpful as well. While you can speak to your pain and suffering from first-hand experience, having an outside perspective can be just as impactful—and, again, the more evidence you have, the better. As your case progresses, we may seek to obtain written or recorded statements from your friends and family. In virtually all of the cases we have handled, our clients’ loved ones have been more than happy to help our clients recover the financial compensation they deserve.
6. Expert Testimony
In addition to testimony from friends and family, obtaining expert testimony is also important when seeking financial compensation for pain and suffering. If you have an expert on your side who can clearly explain how and why your life has changed, this can be strong evidence in support of your claim for just compensation.
7. The Police Report and 911 Recording
While the police report from your accident can help with establishing liability (i.e., proving who was at fault), it can also help with your claim for pain and suffering damages. The same is true of the 911 recording from your accident. Letting the trauma you experienced play out as you experienced it can be extremely powerful.
Additional Factors that Can Affect the Jury’s (or Insurance Company’s) Decision on Pain and Suffering Damages
While collecting evidence that proves your pain and suffering is crucial, it is just the first step in the process. You also need to be able to present this evidence effectively—and in a manner that convinces the jury (or insurance company) to award the financial compensation you truly deserve. For example, additional factors that can affect the jury’s (or insurance company’s) decision on pain and suffering damages include:
- Your credibility and likeability
- Your ability to clearly and consistently portray what happened and how it has affected your life
- The jury’s (or insurance company’s) ability to clearly understand why you are experiencing trauma
- The credibility and reputation of those who provide testimony on your behalf (including friends, family members, and experts)
- The severity and duration of your pain and suffering
These are all factors with which we can help. When we handle your accident case, we will guide you through the process of maximizing your chances of securing full compensation. This includes coaching you on how to talk to the jury (if your case goes to trial), and it includes helping you document your pain and suffering so that you can speak to your experience effectively (if necessary). It also includes selecting experts who can provide compelling testimony in a way that is easy to digest and understand.
Ultimately, while securing just compensation for your pain and suffering (and other costs) after a serious accident is not easy, it is possible. We are passionate about what we do, and we can use our experience to help you recover the financial compensation you deserve.
Get a Free Consultation About Your Accident Case in Louisiana
Do you need to know more about seeking just compensation after a serious accident in Louisiana? If so, we strongly encourage you to contact us for more information. To schedule a free, no-obligation consultation with Alexandria accident lawyer Chris J. Roy, Jr., please call 318-413-6191 or tell us how we can reach you online today.