Texas law allows our personal injury clients to receive compensation for certain economic losses, things like medical expenses, lost wages, and property damage. These losses are fairly easy to calculate because there is a bill or pay stub that shows how much money our clients lost.
However, Texas law also allows our clients to seek compensation for less tangible losses, such as pain and suffering. Every physical injury causes pain and inconvenience, which our clients would not otherwise suffer but for the accident. The key to obtaining maximum compensation for pain and suffering is evidence. Other people often assume personal injury victims are exaggerating the pain they feel, so the more proof we have the better. Below, we highlight the best ways to document your pain.
Hold onto Bottles for Prescription Painkillers
Your doctor might have written a prescription for painkillers to help you manage your pain. Hold onto the bottles once they are empty. This is a good way to show how much pain you were in. We can gather all your prescription drug bottles in a clear bag, which hammers home the seriousness of your injury.
Keep a Pain Journal
Every day, you should write in a journal. Note the location of pain along with its intensity. For example, you might feel shooting pain in your left shoulder, or you could have an intense migraine headache that lasts for 6 hours.
You should also document how the pain is interrupting your life. For example, it might keep you from playing with your grandchildren or even sleeping peacefully at night. These details help document the suffering that the injury has imposed on your life and make it much more vivid for jurors or insurance adjusters who will decide how much compensation to give you.
Of course, it is important to be accurate. Don’t say that the pain prevented you from sleeping at all since most people sleep at least a few hours each night. Exaggerating the effects of pain does not benefit your case.
Ask Friends and Family to Testify
People who live with you or see you regularly can also provide testimony about how your injuries have impacted you. Your spouse might have heard you tossing and turning at night because you can’t get comfortable, or friends can report that you no longer participate in flag football or other hobbies because of your injuries. When meeting with an attorney, you should come up with the names of a few people who might offer important testimony about your struggles after the accident.
Speak to a Personal Injury Lawyer in Austin Today
DJC Law has helped many accident victims obtain fair compensation, including money to make up for pain and suffering. If you have been injured in an accident, don’t tackle your claim alone. Insurers rarely want to pay a fair amount for the pain and suffering our clients endure, and anyone representing themselves will struggle to get more than the absolute minimum.