When injured in an accident, your quality of life is impacted in several different areas. In addition to physical pain, this includes emotional distress, mental anguish, and impact on your lifestyle overall.
These non-economic damages are known as “pain and suffering”. In Tennessee, pain and suffering are an important part of personal injury claims. Proving these damages can be challenging, but a skilled Lebanon personal injury lawyer can help you build a compelling case to secure fair compensation.
What Are Pain and Suffering Damages?
Non-economic damages, which includes pain and suffering, are intended to compensate victims for losses that don’t have fixed monetary value. These damages can include:
- Physical Pain: Chronic pain or discomfort resulting from the injury.
- Emotional Distress: Anxiety, depression, or trauma related to the accident.
- Loss of Enjoyment: Inability to engage in hobbies, activities, or daily routines you once enjoyed.
- Impact on Relationships: Strain on family and personal relationships due to the injury’s aftermath.
These damages don’t come with receipts, like medical bills or lost wages. This means they require strong evidence to support a non-economic claim and it’s a more subjective process.
How to Prove Pain and Suffering in Tennessee
To prove pain and suffering, you need to demonstrate the extent of your injuries and how they’ve affected your life. Here’s what you need to do to make a strong case:
1. Document Your Injuries Thoroughly
Document your injuries by keeping detailed records of your physical injuries, treatments, and recovery progress. To show the severity of your condition, you’ll need medical reports, diagnostic tests, and photographs of your injuries.
2. Seek Testimony From Medical Professionals
To prove the extent of your injury, doctors, therapists, or other healthcare providers can testify and back up your claim. Additionally, accounts of your recovery prognosis and how your pain affects your daily life can support your claim. The expertise these testimonies provide can support your claim and give you a better chance at success.
3. Use Personal Testimony and Journals
Your account of how the injury has changed your life is powerful. Keep a journal detailing your pain levels, emotional struggles, and the ways your injury has disrupted your routines. This firsthand evidence humanizes your claim.
4. Involve Expert Witnesses
In cases of emotional damage, expert witnesses like psychologists or vocational experts can provide valuable testimonies. They can provide expertise to demonstrate how your injuries limit your ability to work and engage in everyday activities.
5. Showcase Lifestyle Changes
Before-and-after comparisons can be compelling. Use photos, videos, or testimony from family and friends to demonstrate the difference in your quality of life before and after the injury.
6. Highlight Consistency and Credibility
Consistency is important to your statement, as insurance companies and juries will be looking for consistency in your statements and evidence. Ensure that your claim is backed by reliable, corroborated facts. Avoid exaggerations that could undermine your case.
Tennessee’s Legal Approach to Pain and Suffering
In Tennessee, non-economic damages are often subject to limits under state law. Learn more about the laws in Tennessee and other states to understand how these caps may apply to your case.
The cap for most personal injury cases is $750,000. However, this can increase to $1 million in cases involving catastrophic injuries, such as permanent disfigurement or paralysis. Presenting a solid case is crucial to recovering the maximum compensation for your case.
Support Your Case
You need a strategic and well-documented approach to proving your pain and suffering claim. With the help of an experienced attorney, you can build the strongest possible case that proves the full impact of your injuries.
