Proving your pain and suffering after an accident is hard. People who have recently been hospitalized and treated for their physical or psychological injuries cannot easily present their evidence in a court of law. Talking to your personal injury lawyers could be your best alternative. Their job is to be your voice during the case. They guide you to ensure that you get the best outcome in case you seek legal mitigation.
The sooner you hire your attorney, the better for your lawsuit. A good lawyer may have handled similar cases before and understand how to handle pain and suffering cases. According to bclawoffices pain and suffering is a difficult case to prove and has both financial and psychological stress involved. It would be better to have a lawyer work with you to understand the process better, giving you a better shot at justice.
Present Your Medical Records
Gathering your medical records before the accident could be a useful analysis tool. Your lawyer can show the court the obvious difference between your health records before and after the accident. That can also include your mental health assessment. Many people who have survived a severe accident show signs of post-traumatic stress and decreased quality of life.
A combination of mental and physical injuries may strengthen your case and help prove the pain and suffering from the accident. By linking these to the accident, you are in a better position to show that your medical bills and health insurance premiums went up as a result. A precise and sincere presentation of the medical records is a piece of strong evidence that works on your behalf.
Even though the availability of medical records has been an area of dispute between doctors and lawyers, in some cases, it can greatly assist you in providing better evidence for the court. Without the use of medical records and an analysis of your medical history, it would be challenging to prove pain and suffering. This is because these documents offer a direct correlation between the pain and suffering and your previous health status.
Summon Your Doctor to Testify
Sometimes jurors are not persuaded from medical record documents. It would be better to call your doctor to testify as a witness. However, it is best left to your lawyer to make this decision after they speak to your doctor. Not every expert witness will strengthen your case, and it is up to your attorney to determine this.
Sometimes if your lawyer determines that your doctor is not a good candidate to be a witness, he may look for another medical specialist to come to court and discuss your medical history. If done right, an objective medical opinion could also prove your pain and suffering, even if the other party tries to disregard it.
Both plaintiffs and defendants are allowed to summon doctors to testify. Your lawyer should be adequately prepared to challenge the other party’s doctor’s testimony. Judges usually order an expert witness, in this case, a doctor, to give their opinion on the case with no bias. Such expert witnesses play a critical role in ensuring that the court understands the situation from a professional’s perspective to make a better judgment.
Ask Witnesses to State Their Experience
Accidents happening in public places usually involve several witnesses. Some of them are mentioned in the Police report. Usually, law enforcement authorities are called to assess the accident. Your lawyer can call these witnesses to testify and give their eyewitness account of the accident.
If you were involved in an accident, the odds of you remembering the entire ordeal are slim due to physical and mental trauma. If you find the right eyewitnesses to testify, it might help you prove the pain and suffering you have been through because of the other party’s negligent actions.
Witnesses are always protected by law and could testify in front of the court audience without fear for their lives. Their testimony is important for the procedure since it can help the jurors to come to their final verdict.
Audio, Video, or Images Evidence
Presenting images and videos from security cameras or a cell phone from a witness could be the most suitable way to explain what happened. It’s your lawyer’s responsibility to have that audiovisual content and ask for the judge’s permission to present it to the jurors. Videos showing how the accident unfolded are an excellent start to show who was at fault. Couple this up with other pieces of evidence, and you could have a stronger case.
Hire a Lawyer to Build Your Case
You do have the option to represent yourself in court, but it is your legal right to have a lawyer by your side. After the accident, your mindset may not be in the best place to self-represent.
Some law firms do not ask for an upfront fee and are only paid a percentage of your settlement. This means the risk of having an attorney is reduced. Therefore, It’s in your best interest to have a lawyer check all the ambiguous parts of your case and find proof to support the pain and suffering you have dealt with because of the accident.
Define All Your Non-Financial Damages
Many types of injuries cause non-financial damages that are hard to explain to the court. The change in your usual lifestyle, physical impairments that impact your appearance to other people, and mental disorders may all be examples of such damages.
Pain and suffering for these damages are also important to be presented and calculated according to the state caps available. Your lawyer can better advise you on these damages and prepare your legal defenses against the liable party.
Recovering from an accident would include more pain and suffering for you and your beloved ones. A trained lawyer could help you with your inquiries for such cases and advise on proceeding even after the case is concluded.
