Injuries sustained as a result of a car accident are often severe and extremely painful. You may have your life disrupted by the pain, as you are unable to perform tasks like you were able to before the accident. You may also experience tremendous suffering from day-to-day as you attempt to get through the pain on your path to recovery.
For many personal injury claims, auto accident victims are able to include the pain and suffering and mental anguish they must grapple with while they heal. However, these injured car crash survivors must somehow be able to prove their pain in objective terms.
Unlike physical injuries, no one can see your pain, and they certainly can’t feel it. Accordingly, you need to find a way to document your pain in order to provide some tangible evidence that it exists. Working with a car accident attorney can help you make these legal provings, as your attorney will be able to help you assemble the documentation needed to build a convincing pain and suffering claim.
By describing your symptoms in detail to your doctor, following their recommended treatment plan, limiting your physical activity, and working closely with a car accident lawyer, you can secure the greatest chance of obtaining the money you deserve for your pain and suffering.
Why Car Crash Injury Claims Sometimes Include Pain and Suffering
In a personal injury claim, there are two types of losses, known as “damages,” for which you can attempt to recover money. The first type of damages relates to actual monetary losses. Namely: the money you spent repairing your vehicle and treating injuries. These are called “special damages.”
Pain and suffering are what is known as “general damages.” They cannot be quantified in monetary terms easily, but they are negative consequences of the accident caused by the fault of another.
General damages, therefore, are meant to reimburse you for your non-monetary losses. It won’t erase your pain, but it will help the at-fault driver make amends for causing it in the first place.
Seeking Treatment and Following Your Physician’s Care Plan Are Critical for Pain and Suffering Claims
The most important form of documentation for proving your pain and suffering comes from your clinical documentation, medical records, and treatment bills. Simply put: if you did not go to the doctor, insurers will assume that you were not in pain. This conundrum is why you should always seek medical treatment as soon as possible after you are injured in a car accident.
During your visit, ask the doctor to take detailed notes about your symptoms. Describe in specific terms the type and degree of pain you feel. Mention if it affects your mobility or limits certain activities.
Most importantly, after your physician recommends a care plan, follow it to the letter. Again, insurers will assume you were not very hurt and healed quickly if you ignored doctor’s orders.
Following your care plan includes taking all prescriptions. If you prefer not to take pain medications, make sure at the very least that you mention this to your doctor and get alternate pain relief recommendations. Otherwise, unfilled pain prescriptions could be used as evidence against you.
Limit Physical Activities While You Heal
Another proof of pain is that it affects your typical routine. If you are hurt, you will be unable to perform your regular physical activities. You may miss important appointments if they involve things that could trigger your pain. You may even have to miss work.
On the other hand, resuming your regular schedule and getting right back to work makes it look like your injuries were minor. Take the time off that you need, limit physical activities that cause you pain, and avoid posting photos on social media of you performing activities that could be used as evidence that you have healed quickly and are no longer suffering.
Working with an Atlanta Car Accident Attorney to Establish Your Pain and Suffering
By following the above advice and using the legal expertise of a car accident attorney, you can have a greater chance of recovering the non-monetary damages you had to deal with as a result of your unfortunate accident. By documenting your symptoms and showing behavior consistent with someone who is in pain while recuperating, your pain and suffering has strong odds of being taken seriously by insurers.
To learn more about filing a complete personal injury claim that requests the full amount of damages you have endured, reach out to LawyerUp to schedule a free consultation with a car accident lawyer today.