When someone files a personal injury lawsuit in Arkansas, they are typically seeking monetary compensation for their damages and losses. Some losses, such as medical bills or lost income, are easy to grasp. They are also generally not difficult to prove, requiring evidence such as receipts or statements. However, people are also entitled to recover for their pain and suffering through a personal injury claim. Unlike a person’s financial losses, pain and suffering are more intangible and challenging to prove.
Proving pain and suffering in a personal injury case requires evidence and documentation, just like proving any element or claim in a lawsuit. However, because there is no bill for pain, our Fayetteville personal injury attorney will turn to expert witnesses, the testimony of friends and family members, and your account of how the injury has affected your life.
Maximizing a pain and suffering award in a personal injury lawsuit requires compelling evidence and our skilled Arkansas personal injury attorneys. Ken Kieklak, Attorney at Law, has been fighting for the injured people and their families for decades. Call (479) 316-0438 to discuss your pain and suffering.
What is Pain and Suffering in an Arkansas Personal Injury Lawsuit?
Before discussing how to prove pain and suffering, it is crucial to understand what constitutes pain and suffering. One of the reasons why it is difficult to prove pain and suffering damages is because the harm is subjective and varies dramatically from person to person. Pain could be emotional or physical, lasting for short, intense moments, or linger for years. An injured person’s experiences will depend on the severity of the injury, the duration of the recovery, potential complications, the long-term outlook, and the individual.
Physical pain could manifest itself in various ways, including long-lasting and annoying throbbing to sharp and intense stinging or burning. Depending on the injury and person, physical pain could also be intermittent or constant. If the level of pain is significant, a person could be prohibited from engaging in normal day-to-day activities, even taking care of themselves.
Pain and suffering are not limited to uncomfortable or excruciating physical sensations. A person could experience mental and emotional suffering, including anger, humiliation, fear, anxiety, and anguish. These symptoms often result in other complications, such as an inability to form relationships, focus, or function in a normal way.
Evidence of Pain and Suffering in Arkansas
Because pain and suffering are subjective, one of the best ways to evidence its impact on your life is through an objective comparison of what you were capable of doing before the injury. A detailed diary or journal is an effective tool to compare and contrast your life and abilities before and after your injuries. This journal should include both your physical changes, perhaps not being able to participate in sports or hobbies, and your emotional strain, such as an inability to socialize. The more details you can provide regarding the changes in your lifestyle, including activities at work and home, the more persuasive arguments are available for our Benton County personal injury attorneys.
Expert Testimony and Proving Pain and Suffering in an Arkansas Court
Even though pain and suffering are subjective, expert witnesses are an important factor in establishing damages. Our Arkansas personal injury attorney will often rely on damages experts to quantify the value of harm and to provide a monetary amount that should be awarded to an injured plaintiff. While these types of experts are invaluable in determining compensatory damages, such as providing analysis and projections for future medical care and income losses, they also play a vital role in evaluating pain and suffering damages.
Medical experts are available to establish the severity and permanency of an injury or medical condition resulting from the injury. These types of experts should be able to demonstrate, with some accuracy, the current and future physical pain the plaintiff will endure. Medical experts, within a reasonable degree of certainty, should be able to testify whether the plaintiff is experiencing pain, the severity of the pain, and its probable duration.
Pain management experts are also valuable witnesses in a personal injury case. By testifying to what treatment the plaintiff has been prescribed and what medications are being used to manage the levels of discomfort, an expert could provide additional evidence. If an injury results in a lifetime of physical therapy, the plaintiff should be appropriately compensated.
Psychological experts are often necessary to describe a plaintiff’s emotional and mental anguish. Mental suffering is an unseen condition. Psychiatrists and psychologists are crucial in helping a jury or judge understand precisely the type of harm the plaintiff is experiencing.
Other Considerations and Evidence Used to Establish Pain and Suffering Damages in Arkansas
When discussing your pain and suffering with our Arkansas personal injury attorneys, it is as essential to be specific as possible. For example, saying your back hurts is one thing. Stating that because of your injury, you are unable to care for and play with your newborn twins is more compelling. You are filing a personal injury lawsuit; your injuries are individual and unique.
While being specific and sympathetic is important, you should not exaggerate the extent of your pain and suffering. Establishing the value of your damages is much less challenging if you are a creditable plaintiff.
In addition to your testimony and the testimony of expert witnesses, a pragmatic Arkansas personal injury lawyer will use the statements of those close to you. Potential witnesses include friends, family members, co-workers, and other people who have seen how your injury has adversely impacted your day-to-day activities.
Contact Our Skilled Arkansas Personal Injury Attorneys to Evaluate Your Pain and Suffering
Pain and suffering damages could make up a significant part of your total compensation following an injury. However, to maximize your potential recovery, you need our experienced Rogers personal injury lawyers. To discuss your case and your possible pain and suffering damages, call Ken Keiklak, Attorney at Law, at (479) 316-0438.