How is pain and suffering proven?

Some of the information that a personal injury attorney will use to prove their client’s pain and suffering includes:

  • Medical Records: If the medical records show the seriousness of the injury, this would be a good way to document the presence of pain and suffering the victim endured.
  • Medical Experts: Using medical experts to testify during a trial is another way to prove pain and suffering. The witness can explain to the jury what kind of physical pain is likely from the types of injuries the victim suffered.
  • Therapist Testimony: If the victim is working with a therapist after the accident, the therapist can testify any emotional issues the victim is having, such as anxiety, depression, or PTSD.  
  • Family and Friends: Family and friends can also testify about a victim’s emotional state and any lifestyle changes their injuries have caused. They can also confirm any emotional and/or physical changes the victim went through after they were injured.
Photos, Videos, and Journals: An attorney can also use photos, videos, and social media accounts to show the difference in the victim before and after they were injured. It is also a good idea for victims to keep a journal and write in it daily as to what their pain level is and any emotional issues they felt that day.
Seth Scott
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Norfolk, Chesapeake & Va Beach Injury Attorney