It is important to support your claim of pain and suffering with documentary evidence. There is also a difference between pain and suffering, and both need to be supported with documentary evidence and testimony. The following types of documents support your pain and suffering claim:
- The written opinion of a mental health expert that provides testimony as to the injured victim’s state of mind;
- The written opinion of a medical expert that provides testimony as to the injured victim’s pain;
- The written opinion of a specialist in a particular field of medicine that provides testimony as to the intricacies of pain and suffering in general;
- Medical prescriptions (i.e. medications for physical pain and mental health issues);
- Journal entries and testimony as to your own pain and suffering; and
- Statements and testimony from your family and friends who regularly witness your pain and suffering.
An experienced personal injury attorney will help you develop objective testimony of what you can no longer do compared to what you could do before the accident. The jury must be able to emotionally relate to the victim in order to award fair compensation. Testimony like, “I can no longer pick up my grandchild” or “I cannot get on my knees to bathe my child” or “I will never be able to go on a road trip again because I can’t sit for long periods of time” are very impactful to the jury. The jury must be able to believe the story and must be able to sympathize with the pain and suffering.