5 Ways To Prove Pain and Suffering in a Florida Personal Injury Case
Getting injured in an accident not only takes a toll on your body, but it also overwhelms you psychologically and emotionally. Fortunately, in Florida, if you suffer a severe injury (as defined in Florida Statutes Section 627.727(2)) due to another person’s negligence, you have the right to recover compensation not just for your economic losses, but also for your pain and suffering. However, demonstrating non-economic damages like pain and suffering can be trickier than proving economic damages, as these damages are subjective and don’t have receipts. That said, it is not impossible to prove pain and suffering. Below are five ways that you can demonstrate pain and suffering in your Florida personal injury case.
- Track Your Medical Treatment
Medical records are vital for proving pain and suffering in a personal injury claim. Records showing the details of your injury, from your diagnosis to ongoing treatment, can serve as proof of the type and severity of your injury. Detailed records, including doctors’ notes, test results, and treatment plans, can help demonstrate the extent of your physical injury and recovery process. This documentation can help explain the pain and suffering you have been dealing with as a result of your injury.
- Keep a Pain and Suffering Journal
A journal detailing the pain and emotional distress you are experiencing daily and explaining how your injury is affecting your daily life can be a powerful piece of evidence in your personal injury claim. In your journal, note;
- Activities you can no longer perform or enjoy
- Your pain level on a scale of 1 to 10
- The nature of your pain, e.g. aching, sharp, or throbbing
- Other specific symptoms such as nausea
- The duration or frequency of symptoms
- Emotional challenges such as anxiety, sleeping problems, and depression
- Obtain Testimony From Friends, Family, and Co-Workers
People who knew you before you suffered your injury may be able to talk about how your life has changed since your injury. If, for example, your friends and family have witnessed how your injury has affected your ability to enjoy certain things or your personality, their testimony can help you prove that you deserve to be awarded pain and suffering damages.
- Work With Expert Witnesses
Another way to prove pain and suffering in your Florida personal injury claim is to work with experts who can testify about your injury. Experts such as medical professionals, psychologists, and vocational rehabilitation specialists can provide insight into the extent of your pain and suffering and limitations (both current and future). For example, a medical expert can explain the likelihood of chronic pain, and a vocational expert can explain how your injury affects your ability to work.
- Use Photos and Videos
Photos and videos of your injuries, recovery process, and limitations can also help you prove pain and suffering. That is why it is crucial to take pictures of visible injuries immediately after an accident and throughout the healing process. Also, record videos showing limitations in daily activities, such as moving. Visual evidence can be powerful, especially when accompanied by other forms of evidence.
Contact a Fort Lauderdale Personal Injury Attorney
If you’ve been injured in an accident due to another party’s negligence, contact our experienced Fort Lauderdale personal injury attorneys at The Pendas Law Firm for legal help.
The Pendas Law Firm also represents clients in the Fort Myers, Ocala, Orlando, Tampa, Miami, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html