Pain and suffering are major components of many injury cases in Arkansas. While many plaintiffs experience severe pain, it is not something that is always easily proven. Pain is also subjective, and everyone might feel it a bit differently. A good way to support your claims of pain and suffering is to document your pain in a diary.
Keeping a pain diary may help us prove your claims for damages. You should document your experience with pain from your injuries every day. This includes physical pain, your ability to perform essential daily chores, and any details about pain medication or treatment. It is a good idea to maintain your pain diary for as long as the pain persists. You should alert your doctor and your attorney if you notice any significant changes in pain from your injuries, and be sure to document it in the diary. Things like diaries are not always admissible in court as evidence, but your pain diary may still be very helpful in other ways.
Get a free, private case assessment from our Arkansas personal injury attorneys by calling (479) 316-0438.
Documenting Your Pain and Suffering in an Arkansas Personal Injury Case
Injured victims might have a hard time proving just how much pain they are in, as it is not something you can see. By keeping a pain diary, you can document your pain in your own words and explain how it affects your daily life.
Keeping a pain diary may be necessary in cases where injured victims experience extreme or long-term pain. Even if pain is not severe, it can be difficult to live with if it persists for a long time. In many cases, plaintiffs are awarded higher non-economic damages if their pain lasts for a prolonged period, and a pain diary can help prove this.
You should be writing in your pain diary every day. Ideally, you should start keeping the diary shortly after your accident. You should continue keeping the diary for as long as necessary. This might be until the pain subsides or the case is completed.
Information to Include in a Pain Diary for an Injury Lawsuit
What you should write in your pain diary depends on your injuries and how you experience pain.
First, you must include information about the actual physical pain you are feeling. Think of how you can convey the pain in words. Consider including a scale from 1 to 10 and recording your pain level each day. Some days might be a 10, others might be a 7 or 8. This may give the defense and possibly the court an accurate idea of what you are going through.
You should also include details about your ability to accomplish daily tasks. If some days are more difficult, include those details in the diary. Talk about whether your pain prevents you from going to work, cooking meals, or generally taking care of yourself. The more your pain interrupts your life, the greater your damages should be.
Be sure to include information about pain medicine and medical care you receive while keeping the pain diary. If pain subsides, be sure to explain whether it is because you have taken pain medicine or because your injuries are healing.
How Long Should I Document Pain for an Arkansas Personal Injury Case?
How long you keep your pain diary will depend on how your injuries recover and the duration of your lawsuit.
Start keeping a pain diary as soon as possible. Do not stop documenting pain and suffering until the case is complete or until the pain completely subsides. If pain ever recurs, be sure to document it in the diary.
Pain can be unpredictable. You might find that your pain subsides for a while, and you might believe you have recovered. However, the pain could return if you experience something like an infection or other medical complications. If you stop documenting every time the pain subsides, your pain diary may be incomplete and inaccurate.
Are Pain Diaries Admissible as Evidence in Court?
While a pain diary can be very helpful in your case, it might not necessarily be admissible as evidence in court.
Diaries may be discoverable, meaning the defendant and their attorney may request to see your diary to see if it contains evidence or information relevant to the case. However, diaries are not necessarily admissible in court as evidence because they are typically considered hearsay. While a diary may contain statements relevant to the case, it cannot be cross-examined.
However, when you testify about your pain, you may reference the diary. This allows you to explain what you wrote and for the defendant to cross-examine you regarding the diary. Our Arkansas personal injury attorneys can instead use the diary during settlement negotiations to make sure that you get fair compensation for the pain you endured.
How to Explain Pain in a Pain Diary
How do you put your pain into words? This might be one of the most challenging aspects of maintaining a pain diary. It is a good idea to try to make accurate comparisons. What does your pain feel like? Does it burn? Does it feel like your body part has been crushed? Be descriptive and accurate. The more we learn about your pain, the more likely you are to get fair compensation.
Feel free to be creative with your explanations, but try to remain objective and accurate. Do not exaggerate your pain or use overly superfluous language. If the defense believes your pain diary is inaccurate, they might accuse you of lying, and the whole diary might be rendered useless.
Including Psychological or Emotional Distress in a Pain Diary
In addition to your physical pain, you should document your mental and emotional distress in the diary. Write about how your injuries and pain affect you psychologically. This may be crucial if your pain interferes with your quality of life.
Many people experience serious psychological injuries because of intense pain. Depression, PTSD, and intense anger because of unrelenting pain are common. Many others experience suicidal thoughts because of pain that refuses to subside. Whatever you might experience, document it in your pain diary.
Speak to Our Arkansas Personal Injury Attorneys for Help Claiming Damages for Pain
Get a free, private case assessment from our Fort Smith personal injury attorneys by calling (479) 316-0438.