New York City Personal Injury Law Blog

Pain and Suffering in a Personal Injury Case

Posted on Oct 29, 2014 in Legal Terminology

The degree of pain and suffering that you have endured is indicated to an insurance company by the nature of your medical treatment and the type of injury you have suffered from. Here are a few factors you need to be aware of, regarding pain and suffering and compensation.

How Medication can Show Pain and Suffering

Personal Injury Case

Quantifying pain and suffering is extremely difficult and the amount should not be assumed by either side.

An insurance adjuster might be convinced that your injuries are serious if you have been prescribed medication to relieve inflammation, pain, or any other injury symptoms. The longer the medication is provided and the stronger it is, the greater the influence it has on your settlement.

Pain and Suffering and Length of Recovery

In the eyes of an insurance company, the longer it takes for a person to recover, the greater their pain and suffering. Including this fact in your medical records is the best way to let an insurance adjuster know how long your recovery took. In most cases, this is simple, because your medical health care practitioner usually makes a notation in your medical chart about how long your recovery is expected to take and how for long you are to abstain from certain activities.

It is important to keep documenting your progress and recovery in your medical records. This is because your injury can be viewed as requiring ongoing attention, if your records show a doctor visit a few weeks after an accident. If you visit your doctor and complain of continuing discomfort, pain or immobility, it will make it into your medical records, which will be sent to the insurance company as part of your claim.

The Proof is in Your Hands

If you take charge of documenting the things that can establish the amount of pain and suffering you have experienced, it can go a long way in helping your personal injury case.

  • Make sure you report any discomfort or pain that you are experiencing to the physician who is treating you, so that it may be noted in your medical records.
  • Don’t be shy or stubborn to ask for any medication you might need to control your discomfort your pain.
  • Consider scheduling more medical appointments even though you might not have any in the near future, if you are still suffering from pain or comfort. This will help to document your continued medical problems.
  • Make a list of any daily activities that you seem to be unable to do or are having difficulty doing, because of the continued pain and discomfort that you are experiencing.
  • If your injuries are ones that are visible, such as discoloration, swelling, wounds etc. be sure to take photographic evidence regularly and also indicate the date on which it was taken.
  • Make a log or keep a diary that documents all the things that you have experienced as a result of the pain and suffering that the accident has caused, such as times of depression, the days you missed work, headaches, and so forth.

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