Documenting Your Pain and Suffering After an Accident in Pennsylvania

If you have a personal injury claim after an accident in Pennsylvania, you are entitled to just compensation for your pain and suffering. Documenting your physical pain and suffering involves making sure you have comprehensive medical records, working with medical experts, keeping a daily “pain journal,” and using other evidence to document the accident’s effects on your day-to-day life.

Suffering serious injuries in an accident can impact all aspects of your life. If you have a personal injury claim after an accident in Pennsylvania, not only are you entitled to just compensation for your financial costs (i.e., your medical bills and lost wages), but you are entitled to just compensation for your non-financial costs as well. This includes your pain and suffering.

But, to seek just compensation for your physical pain and suffering, you need to be able to prove them. This is one of several reasons why it is important to have an experienced Allentown personal injury lawyer on your side. A lawyer who has experience helping accident victims assert their legal rights will be able to assist with ensuring that you have all of the documentation you need to seek the financial compensation you deserve.

Understanding What Constitutes Compensable “Pain and Suffering” Under Pennsylvania Law

Before we talk about how to prove the damages you are entitled to recover, we should first talk about what constitutes compensable “pain and suffering.” While this term does not have a precise definition, within the context of a personal injury case, it generally refers to the physical effects of accident-related trauma.

Along with experiencing immediate pain and suffering related to the accident itself, accident victims will experience long-term pain and suffering in many cases as well. Chronic pain is a common issue among accident victims; and, for many victims, the physical effects of their injuries impact all aspects of their daily life for years—if not decades—to come.

How the Insurance Companies Try to Avoid Paying for Accident Victims’ Pain and Suffering

Even though accident victims have clear legal rights in Pennsylvania, the insurance companies still fight to avoid paying accident victims the financial compensation they deserve. When it comes to damages for pain and suffering, they are awarded in a number of ways. Some of the insurance companies’ most common tactics for trying to avoid paying full compensation for accident victims’ pain and suffering include:

• Offering lowball settlements before accident victims know how much they are entitled to recover
• Delaying settlements in an attempt to pressure victims into accepting lowball settlements
• Blaming victims for their own injuries, which can prevent victims from recovering any compensation in some cases

By engaging an experienced Allentown personal injury lawyer, accident victims can avoid falling for these (and other) tactics while they build their claims for just compensation. Once accident victims know how much they deserve to recover—and they have the documentation to prove it—then they can focus on fighting for the full compensation they deserve.

What You Can Do to Prove Your Pain and Suffering

With all of this in mind, what can (and should) you do to prove your pain and suffering after an accident in Allentown? Some of the key pieces of evidence used to document pain and suffering in personal injury cases include:

Medical Records

Medical records are a key form of documentation for proving accident victims’ pain and suffering. An accident victim’s medical records will provide information about his or her diagnosis and treatment needs, and this can be used to illustrate the day-to-day effects of the victim’s injuries.

Medical Expert Reports and Testimony

Medical expert reports and testimony are also key forms of documentation. Personal injury lawyers regularly work with trusted medical experts to explain all of the various ways that accident victims’ injuries will continue to negatively impact their lives.

A “Pain Journal”

Accident victims should do their best to keep a daily “pain journal” where they write down the day-to-day effects of their injuries. This includes their pain levels throughout the day as well as any activities they are unable to perform and any events they are forced to miss.

Photos and Videos

Photos and videos can also serve as documentation of accident victims’ pain and suffering. If you take (or a loved one takes) photos and videos of your injuries and their daily impacts on your life, your lawyer will be able to use these to help prove your claim for damages.

Testimony from Friends and Family

Finally, testimony from friends and family members can serve as powerful evidence of accident victims’ pain and suffering as well. While many accident victims are hesitant to ask their loved ones for help, in most cases, friends and family members will be more than happy to do anything they can.

FAQs: Proving Your Pain and Suffering After an Accident in Allentown, PA

When can you seek financial compensation for pain and suffering in Pennsylvania?

You can seek financial compensation for your pain and suffering in Pennsylvania if you were injured in an accident that was the result of someone else’s negligence or a product defect. Victims of auto accidents, slip-and-fall accidents, and other accidents can all file claims in appropriate cases.

What if the insurance company tries to blame me for the accident?

If the insurance company tries to blame you for the accident, you should not let this stand in the way of seeking the compensation you deserve. Instead, you should promptly hire an experienced personal injury lawyer to provide an unbiased assessment of your legal rights.

Do I need a lawyer to seek compensation for my pain and suffering?

While you are not legally required to hire a lawyer, practically speaking, you will need a lawyer to seek compensation for your pain and suffering. From determining what constitutes “just” compensation to dealing with the insurance companies, there are several important ways an experienced personal injury lawyer will be able to help.

Schedule a Free Consultation with an Experienced Allentown Personal Injury Lawyer Today

If you need more information about your legal rights after an accident in Pennsylvania, we invite you to get in touch. Call 888-777-7098 or contact us online to schedule a free consultation with an experienced Allentown personal injury lawyer today.