How Are Pain And Suffering Damages Proved in a Personal Injury Case?

Free Case Evaluation
100% Secure & Confidential
5-Stars
4.8 Google Rated

People who suffer injury because of another party’s negligent or purposeful actions can usually recover money damages for their medical expenses, lost wages and other provable economic losses. More challenging is putting a dollar value on the pain and suffering, mental anguish, loss of enjoyment of life or other intangible injuries you experienced or will experience due to a car crash, slip and fall or other accident.

Since you do not have medical bills or other documents to quantify these non-economic damages, you need to supply other evidence about how the injuries significantly impacted you and will continue to do so.

Personal injury lawyers use the testimony of expert witnesses and other parties to demonstrate to juries the extent to which an accident has affected an injured victim. Such witnesses may include:

  • medical specialists who can speak to the pain typically experienced for the type of injury, the length of time needed to recover and whether full recovery is possible. These experts can also testify to the type and duration of treatment required and to its associated discomfort and side effects
  • mental health professionals who can discuss the ways a specific injury and its aftermath can result in emotional and mental changes
  • friends and family who can talk about how the victim’s life changed as a result of the injuries. For example, the person may no longer be able to participate in the activities and hobbies that previously provided enjoyment and fulfillment
  • employers or employment specialists who can describe how the injuries affected the victim’s ability to perform their former work

In medical malpractice cases, expert testimony is especially necessary due to the difficulty in ascertaining the pain and suffering of a patient who may have been unconscious or comatose.

In cases of fatal accidents, expert testimony can be used to establish the victim’s pain and suffering prior to death as well as the effect of the death on family members. A $7.6 million jury verdict in a Morgantown, West Virginia wrongful death case illustrates how testimony can be used to prove pain and suffering. A 20-year-old woman died six hours after a drunk driver struck her in January 2016. At trial in her wrongful death case, the jury heard testimony from the two medical professionals who treated her about the pain she likely suffered before death. Additional testimony from the victim’s parents and sister recited their mental anguish and grief. The jury awarded $500,000 for her pain and suffering and $3 million for the effects of her death on her family. Medical expenses, lost earnings and punitive damages made up the rest of the $7.6 million award.

If you or a loved one suffered a serious injury as a result of another person’s negligence or other wrongful conduct, speak to a qualified personal injury attorney to learn how damages for pain and suffering might be recoverable. At Kaufman & McPherson, PLLC in Bridgeport, West Virginia, our lawyers can advise and represent you. For a free initial consultation, call us at 304-842-4300 or contact us online.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

Call 304-842-4300
Available 24/7

Get in touch with us today

Speaking with a lawyer about your case is 100% free and easy. We will review the facts of your case and advise you on how our firm can help. There is no obligation and if you decide to hire us, you won’t owe us anything unless we are successful for you.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Award winning attorneys

Everyday we work to improve ourselves and we’re proud of our successes.

Free Case Evaluation
100% Secure & Confidential
image 26
image 23
image 24
image 21
Lead Counsel Verified

Available 24/7
304-842-4300

Free Case Evaluation

Free Case Evaluation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.