Personal Injury General Damages “Pain & Suffering” How to show?

05/09/2014
By Logan Quirk

General Damages are also called pain and suffering.  But they are much more than that. 

You are permitted to recover for your

1. pain

2. emotional distress

3. loss of enjoyment of life

4. disfigurement

5. impairment

6. inconvenience

7. grief, anxiety

8. humiliation

The question in determining your harms and losses is how to measure these.

Specificity and documentation are two keys.

Tell the doctors you hurt.  Make sure you tell them precisely what affects you.  Not only will this document the nature and extent of the pain, but it will better assist the doctors in developing a course of action to correct your ailments.

Document with photographs.   In today’s age where every cell phone has a camera, snapping pictures of your visible injuries (bruising, swelling, wounds and/or discoloration) is powerful/

If your injuries have life changing consequences, it may be wise to produce a video showing a day in your life to effectively capture precisely how the injuries altered and hamper your ability to carry on in day to day activities.

Jot down notes in a diary of log.  If you have an active log that explains the nature of your pain, the sleepless nights, the limitations in your daily routine, the modifications on your lifestyle, the change in moods, etc. this will help prove that your anguish, distress and inconvenience were real and deserving of considerable compensation.

Generally, the longer the time it takes you to recover, the more significant your recovery should be.  This recovery should be we documented by the doctors in your medical records.  Doctors that keep good records will enhance the value of your case because insurance companies look for objective measures to try and quantify your anguish in going through your pain.

Another factor that helps to show the pain you are in is the medication you take.  If a doctor prescribes a certain medication to assist the body in recuperating, then this is one more objective and definitive measure of your pain and suffering.

As always, you should do everything to get yourself better.  Do not milk your injuries.  Do not over embellish the extent of your injuries.  The insurance company is skeptical of your claim from the beginning.  Do not give them an reason or suspicion that you are exaggerating the nature and extent of your harms and losses.

Need more information.  Logan, the Los Angeles Personal Injury Lawyer is here for you!

 

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