June 30, 2015

How do I Prove my Pain and Suffering?

Categories: Personal Injury, Working with your attorney

Consult an experienced Tampa personal injury attorney TODAY!

Imagine that you are walking by a construction site when you hear a loud noise. You turn around in time to see a large piece of equipment hurtling toward you, out of control. You are struck and injured, requiring hospitalization. Even after you are able to return to work, you have lingering pain in your knee and elbow, and your doctor says that this pain might never go away. When you’re able to get to sleep at night, you are plagued by nightmares. You can’t quite bring yourself to walk by another construction site. You used to run every morning, but the pain is too much now.

The construction company doesn’t dispute that it is responsible for your injuries, and it is willing to compensate you for your hospital bills and your time off work… but is that all you’re entitled to?

Damages that result from an injury can be tangible or intangible. Tangible damages are normally economic: Your medical bills, time lost from work, medications, and other monetary losses fall easily into this category. Tangible damages are relatively simple to prove, because there is normally a bill, a paystub, or a receipt you can produce to show how much you should be paid.

Intangible damages are harder to prove for a number of reasons, including because you may not know yourself the full toll they will eventually take on you. Your pain and suffering looms large in your life each day, but how much do they cost you? If you have returned to work, your economic damages might be as good as resolved, but it’s hard to say or feel  that you have been made whole.

Florida law recognizes the burden that pain and suffering can bring after an injury, and it allows monetary awards to compensate you. Because it is more difficult to prove pain and suffering, however, be sure that you collect and preserve the following evidence from the outset of your case:

  • Keep a log of your daily pain.
  • Record any prescriptions for pain medications, along with how often you took them and how much over-the-counter medication you used.
  • Make a list of the activities you enjoyed before your accident that are difficult to enjoy after the accident.

The best thing you can do after an accident is to consult an experienced attorney as quickly as possible. Your attorney will be able to guide you throughout the process and can work to ensure that you receive full compensation for all of your tangible and intangible damages.

At Wagner, McLaughlin & Whittemore, we have been representing accident victims for years, and we would be honored to assist you with your case. Contact us today for a free consultation.

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