How are pain and suffering damages proven in court?

What Is Pain and Suffering?

After suffering an injury, you may experience severe physical and emotional injuries that impact your quality of life and day-to-day activities. Through a lawsuit, you can recover compensation for all of the trauma, pain, and anguish that you experienced.

Examples of pain and suffering damages include the following.

Chronic pain

Permanent disability

Mental anguish

Emotional distress

Depression and anxiety

Post-traumatic stress disorder

Insomnia

Cognitive changes

Loss of quality of life

Proving Pain and Suffering in Court

Unlike economic damages, you cannot use receipts or invoices to prove your right to pain and suffering compensation. However, there are pieces of evidence that you can leverage to establish the anguish and trauma that you experienced.

To establish pain and suffering, it is important to document as much evidence as possible that details how your injuries has impacted your life. Pieces of evidence may include the following.

Photographs

Medical evidence, such as bills and records

Personal documentation, such as notes and journals

Testimonies from friends and family members

Notes from doctors, therapists, and mental health professionals

Expert witness testimony from someone experienced in personal injury

A personal injury lawyer can help you gather the evidence that you need to establish your pain and suffering. Equipped with this information, you can advocate for the highest possible award to compensate for the trauma that you experienced.

How to Calculate Pain and Suffering Damages

Because pain and suffering losses do not have a financial value attached to them, it can be challenging to calculate the full extent of your losses. However, there are two common formulas that attorneys and insurance companies often use to estimate pain and suffering.

The Per Diem Method

You will be assigned a dollar value for every day that you are unable to work due to your injuries. Your pain and suffering award will be equal to the number of days that you are incapacitated times your per diem amount.

The Multiplier Method

You will be assigned a number based on the severity of your injury. Minor injuries have a lower multiplier, more severe injuries have a higher multiplier. Your pain and suffering award will be equal to your multiplier times the full value of your economic losses.

Speak With a Missouri Personal Injury Lawyer

Without the right evidence, experience, and formulas, proving pain and suffering in the courtroom can be a challenge. As a result, it is important to work with an attorney who can establish your right to this form of compensation.

Have You Been Injured in Kansas City, Missouri? You Should Speak With an Experienced Kansas City Personal Injury Lawyer

If you've been injured in the Kansas City area you should speak with an experienced personal injury lawyer as soon as possible. Please feel free to contact us online or call our office directly at 816.832.4688 to schedule your free consultation. We are proud to serve Kansas City, Missouri, and the surrounding area and look forward to speaking with you.