To get a settlement for pain and suffering for a personal injury claim or lawsuit, you will likely need to prove that you suffered related damages. For example, if you suffered a burn injury from a car accident caused by another driver’s negligence, you could fight to recover compensation for dealing with the pain of your injuries along with your treatments.
Aside from physical pain and suffering damages, your personal injury claim may also include medical expenses and lost wages, according to the American Bar Association.
Credibility, consistency, testimony, and medical documentation are all key aspects of a successful claim for pain and suffering. These will help you when presenting your case to an insurance company, an opposing legal team, or to a jury.
Evidence to Gather for a Pain and Suffering Settlement
As stated in Georgia Code Title 9. Civil Practice § 9-3-33, the statute of limitations to file a personal injury claim in Georgia is within two years. This gives personal injury victims time to gather all of the vital evidence they need to not only prove negligence and liability, but to give credence to their damages, such as pain and suffering.
Prior to requesting compensation for your pain and suffering in a personal injury settlement, you will likely have to gather evidence that proves your damages. Once you have the evidence to back your claim for pain and suffering, you can submit an effective demand letter to the insurance company. Examples of the type of evidence you may need include medical records, photographs, and witness testimony.
A major piece of evidence to defend your pain and suffering claim is your medical records. Your medical documentation may directly link to and prove your emotional distress following the event that triggered your personal injury claim. Medical records can also highlight how your injuries affect your daily life and can also prove that a doctor has prescribed medication to treat your condition.
Another piece of viable evidence is any relevant photos you took, which could depict the scene of your accident or your injuries themselves. A photo can speak volumes about your condition as a whole and can also provide further proof that you suffered the injuries that you are claiming.
Testimony from eyewitnesses at the event that caused your injuries can also help prove your pain and suffering settlement claim. Additionally, you may look to include statements from individuals that visit with you, or take care of you on a daily basis, such as friends and family.
These individuals may provide statements that vouch for the pain and suffering that you are experiencing. Even if it is someone that has been transporting you around town, providing you with meals, or ministering your medication, they can all help you prove your pain and suffering through testimony.
You may also want to consider starting a journal that documents your pain and suffering in detail as you are experiencing it. In this journal, you may address the pain levels you experience each day of the week, as well as depression, headaches, and other related symptoms that you are suffering from.
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Compensation for Your Pain and Suffering
Insurance companies may address your claim based on the severity of your injuries. With the help of a personal injury lawyer, you can develop a strong idea of your estimated pain and suffering award amount. The insurance companies will likely need to access your medical documentation to determine how much money you have already spent out-of-pocket to treat your injuries. Then, they will calculate your pain and suffering settlement based on these costs you have incurred.
Begin a Free Consultation with Bader Scott Injury Lawyers Today
To learn more about getting a settlement for your pain and suffering from personal injuries, contact Bader Scott Injury Lawyers. Our team of Georgia personal injury lawyers can help you by pursuing compensation on your behalf, even beyond your pain and suffering. If you have injuries from an event caused by someone else’s negligence, Bader Scott Injury Lawyers can help you prove liability to earn back money you spent on medical costs.
To speak with a member of our team and begin your free consultation with Bader Scott Injury Lawyers, call us today at (404) 888-8888.
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