In this article, you can discover…
- The definition of pain and suffering in Illinois personal injury claims.
- How to properly document your pain and suffering after an injury.
- The benefits of allowing a personal injury attorney to help you present your pain and suffering damages.
What Qualifies As Pain And Suffering Damages In An Illinois Personal Injury Claim?
Damages for pain seek to compensate you for the physical pain you’ve experienced because of your injury. This pain can include headaches, joint pain, back pain, or any other type of pain. Damages for suffering seek to compensate you for the ways your injury (and the pain that accompanies it) has impacted you personally.
Why Is It Important To Document Non-Physical Damages After An Accident Or Injury?
Documenting non-physical damage is so important because it’s easy to forget exactly what you are feeling or experiencing. We all tend to assume that we have excellent memories and will remember every detail, but memories after an accident are more akin to waking up from a dream that feels unforgettable at first, but begins to fade with time. It’s very possible that later on you won’t be able to remember or may miss important details.
Keeping a daily pain journal can be helpful, with dates and details of what you are experiencing, feeling, and going through. Keep in mind, however, that the journal could be called upon as evidence, so make sure your entries are clear, on-topic, and specific.
Attorney Alexander Memmen is a seasoned lawyer based in Chicago, Illinois, who has helped countless people just like you navigate the intricacies of personal injury law. Representing clients since 2006, he is prepared to assist you through your pain and suffering claims so that you can receive the proper compensation for your injuries.
Still have questions? Ready to get started? Contact Sharks At Law today to schedule an initial consultation.
What Are The Most Common Mistakes People Make When Trying To Prove Pain And Suffering?
Most people don’t do a good job of documenting their pain and suffering because they think they’ll remember it. I always tell my clients to stop, think, and meditate on the pain that they experienced and their loss of a normal life.
Think about all the things you weren’t able to do, weren’t able to do as well, or weren’t able to do as often because of our injury. For instance, you could have a softball league that you couldn’t play in for two months, or you may not have been able to clean your home adequately because of the pain caused by your injuries.
If you have a deposition coming up, sit down at your kitchen table for half an hour and simply jot down some notes on how the injury has impacted your life. Compose some simple five to 10-word notes on things you couldn’t do as well or that hurt to do.
How Can I Capture The Daily, Less Visible Impacts Of My Injury?
One of the best ways to capture the impacts of your injury is with “day in the life” videos. I don’t personally recommend trying to film these videos on your own, but I would encourage you to use someone else to film you as you go about your daily routine.
For example, a family member can film and document the impacts of your injury on mobility, chores, and how your accident has changed your life. Getting out of bed, walking, doing dishes, and other activities can all be filmed to give a realistic, objective view of your injury’s impacts.
A family member could also accompany you to rehabilitation and film a rehab session, as it can be difficult to adequately capture how painful and demanding these sessions can be.
If you are seriously and profoundly injured (e.g., a traumatic brain injury, blindness, or the loss of the use of your legs), your attorney can retain a video service to film “day in the life” videos for you. Ultimately, video evidence can be very powerful and helpful.
How Can A Personal Injury Attorney Help Me Present Pain And Suffering Damages Effectively?
Effectively presenting your pain and suffering damages tends to hinge on deposition preparation. You need to know and understand how to talk about your injuries. Humans are inherently built not to disclose injury, so if somebody asks you how you’re doing, you might say you’re doing well, even if you’re in terrible pain.
Because, 10,000 years ago, if you told someone that you were injured and hurting, they could wind up coming by your house at night and stealing everything you owned because you were vulnerable. Resisting talking about our vulnerabilities is built into our wiring.
Tell your doctors exactly what is going on and what problems your symptoms have caused. Make lists as more life impacts happen or occur to you, and share these with your doctor at each appointment.
You should also make sure that you are not exaggerating your injuries or pain. Some of the best client testimonies I have heard are from people who are able to describe their injuries without sounding overly self-pitying. At the same time, even though you may have a positive outlook on your injuries, it’s important not to leave anything out.
Still Have Questions? Ready To Get Started?
For more information on Pain and Suffering In An Illinois Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 210-7229 today.
Attorney Alexander Memmen is a seasoned lawyer based in Chicago, Illinois, who has helped countless people just like you navigate the intricacies of personal injury law. Representing clients since 2006, he is prepared to assist you through your pain and suffering claims so that you can receive the proper compensation for your injuries.
Still have questions? Ready to get started? Contact Sharks At Law today to schedule an initial consultation.
