• Kenneth Powell

How Do You Win a Pain and Suffering Case?

Being part of a car accident can turn the victim’s life upside down. Some of those accidents even cause permanent brain injuries, spinal injuries, and in some cases, Post-Traumatic Stress Disorder (PTSD). All of those things need a significant amount of money to be treated.


Hospital bills are not inexpensive at all, which means victims have to do their best to get financial assistance to pay for everything. The best way to do that is by suing the negligent party who caused the car accident and asking them for compensation.


However, there are many things to take into account when opening a pain and suffering case. Pain and suffering cases are seen as non-economic losses, so calculating their worth is more difficult for the plaintiff as it is easier for the defendant to offer unfair settlements or refuse to pay the money the victim needs.


To win the case, the plaintiff must prove that the victim has gone through a lot of pain and suffering and that they need all the money they are asking for to recover from what the accident caused.


This page has some recommendations for people who need to win these cases. Victims - and any people looking for legal assistance for a personal injury case - can contact the Powell Law Firm, which focuses on these cases and has a team of experienced lawyers ready to take care of everything.


What Is “Pain and Suffering”?

What Is “Pain and Suffering”?


Victims who want to sue negligent drivers for pain and suffering must understand what this legal term stands for. The law sees as pain and suffering any physical or mental health problem caused to the victim after being part of an accident or unlawful event. That includes back pain, a personal injury, and any mental disorder the victim may have developed after the accident.


How to Win a Pain and Suffering Case


Winning a pain and suffering case is a little more complex than it would be if the victim were only claiming economic losses. That’s because it’s not always easy to calculate how much money the victim needs to pay for everything.


Apart from that, they also need to prove they are in pain and suffering, which is a bit easier with physical injuries but highly difficult when talking about mental anguish. It’s not easy to prove that someone has anxiety, stress, or a constant mental disorder.


However, the best way - and mostly only - way to win a pain and suffering case is to show evidence that the accident caused the victim that pain. As for physical pain, bringing medical bills, medical records, and an expert’s testimony can be highly helpful to prove it.


Regardless of that, lawyers should never let their clients show pictures of their injuries and bruises during the trial. They have to bring pictures of those injuries instead and explain them with the help of the expert. Exposing the victim that way is never necessary.


The medical bills tell everyone in the court how expensive it is for the victim to pay for the right medical treatment to heal their injuries. Things change a little when talking about mental anguish and mental health disruption.


Lawyers, logically, can’t take any picture that could prove their client has a mental disorder and that the accident caused it. Nonetheless, they can ask a psychotherapist to interview the victim to determine if the accident could have caused them any mental disturbance.


Psychotherapists can serve as experts and explain the situation to the judge and defendant. Apart from that method, there aren’t many ways to prove mental disturbance.


Some lawyers, though, had taken bosses and supervisors to the stand who have stated how the victim’s working performance has worsened after the accident, but that’s only circumstantial evidence, and it’s difficult to get it approved.


Wrapping Up


As it was mentioned before in this article, the only way to win a pain and suffering case is to prove that the car accident caused all those problems. It’s essential to remember doctors and medical bills are an effective way to prove what happened.


Regardless of that, if someone wants to win any sort of case, head here for a lawyer that can address the situation in the best way possible. Fortunately, everyone in need of legal assistance can hire the Powell Law Firm to help the victim and win any case with no problem.