How to Document Pain and Suffering After an Injury in Texas
After a serious injury, many people worry whether they will be capable of paying off the medical bills that will accumulate as they may need expensive procedures to recover after an accident. This does not have to be the case as the victim may pursue damages against the person that caused the injury. However, it could be challenging to place a monetary value upon how pain and suffering damages should be considered in comparison to other damages. At The Queenan Law Firm, P.C., our Arlington, TX personal injury attorneys would like to offer you tips on how to document your pain and suffering if you sustained an injury in an accident in Texas.
Guide to Documenting Your Pain and Suffering from an Injury in Texas
In legal terms, pain and suffering refer to the physical or mental anguish that developed as a side effect of an injury sustained by a victim. For instance, if a victim was in a car accident where they suffered a bone fracture and watched as their loved one was killed, this would likely inflict a great deal of pain and suffering upon that person.
Damages for pain and suffering could be awarded if an injured person is able to prevail in a personal injury lawsuit or similar claim against the person that caused the accident. As a result, you should know some of the best methods that you could use to document your pain and suffering after an injury. This will help your Southlake, TX personal injury attorney appropriately value your potential case.
The following are some steps you could utilize to keep a thorough record of your pain and suffering injuries.
Document How the Pain and Suffering Affects Your Daily Life
One way to help place a monetary amount on pain and suffering is by documenting how it personally affects your day-to-day life. For example, if your injury was severe enough to seriously hinder or prevent you from performing simple tasks like cooking or cleaning, this is valuable evidence.
Make a note of all the changes you needed to make to your life so you could claim the damages against the person that caused the injury. For instance, if you needed to move in with a family member so they could provide you with daily care, this is a vital detail for your case. Keeping a journal of your everyday life with dates and other specifics could help you when it is time to file your case.
Additionally, if you were seriously injured to the point that you could no longer work for a lengthy amount of time, this could increase your damages. However, this is likely to be considered as damages for loss of wages.
Describing Pain and Suffering Injuries in a Lawsuit in Texas
It is also important for a victim to note the specific circumstances of their pain and suffering. For example, if the victim experiences chronic headaches after a traumatic brain injury, this should be mentioned.
As mentioned, a victim may also have emotional distress after the accident that caused their injury. As a result, the victim should make sure to record whether they experienced any of these common symptoms of emotional distress or a related health problem:
- Consistent issues with cognitive functions
- Excessive worrying
- Post-traumatic stress disorder
- Psychological trauma
While physical pain will likely pass with time, emotional pain and suffering have the potential to last a lifetime. This should be highly considered when requesting damages from a negligent party.
Loss of consortium should also be considered, along with emotional pain and suffering. If a victim was grievously injured or had to endure the loss of a family member, they could be eligible for damages for loss of consortium. Damages for loss of consortium may be appropriate under the following circumstances:
- The inability for spousal intimacy after an injury
- Household issues left to one spouse
- Loss of companionship from a spouse
- Lack of parental guidance after the death of a parent
This is not a comprehensive list of damages recoverable for a loss of consortium.
How to Prove Pain and Suffering Damages in Texas
There is a myriad of ways that a victim could prove that they experienced pain and suffering. One of the best ways is to provide the defendant with medical records of your injuries. For example, if you received extensive medical care after your injury, this could support your claim for pain and suffering damages.
Physical injuries would typically be easy to prove as the victim could submit photographs of the injuries or medical documents if the injuries were primarily internal. Alternatively, if you are experiencing emotional pain and suffering, you may need documentation from a therapist or similar mental health professional.
Be sure to gather as much evidence as you can accumulate regarding your pain and suffering after a serious injury. A mountain of evidence will make it harder for the defendant to deny that you experienced any form of pain and suffering. Our Grapevine, TX personal injury lawyers could assist you in documenting the damages you sustained after an accident.
Call Us for Help in Documenting Your Pain and Suffering After an Injury in Texas
If you experienced severe pain and suffering due to an injury caused by a negligent individual, contact our Plano, TX personal injury lawyers today. Our legal team is well-versed in calculating damages for pain and suffering, and we will work vigorously to fight for the compensation that matches your financial and emotional losses. If you would like to make an appointment regarding the accident that caused your injuries, contact us by calling (817) 476-1797.