How a Personal Injury Attorney Will Prove Pain and Suffering

If you've contacted a personal injury attorney in regards to a potential case, you've probably done at least some homework as it pertains to the law. When a case goes before a jury, there are several considerations up for debate. The plaintiff will be looking for damages. These damages may be to pay for medical bills, to pay for lost wages, and to compensate for a third, not clearly defined category known as "pain and suffering". Because this category is somewhat nebulous, it can be difficult for the layman to understand how it could possibly be proven in front of a jury. Here's a look at some of the things a good lawyer will do to convince the jury and win a settlement.

First, let's examine the law. There are several varying opinions out there when it comes to a personal injury attorney and the concept of pain and suffering. It should be noted, however, that a great deal of leeway is afforded to a legally picked jury. It is given to them the right to make decisions and pass judgment by using not only the arguments they've heard in court, but also their own knowledge that they have come across while, essentially, being a human being. Finding a verdict or assessing damages isn't a mathematical equation. It's a matter of hearing what the evidence is and then making a decision, just as you might in your every day life.

Of course, it will take more than the defendant taking the stand and saying, "Yeah, it hurts," for a jury to find evidence for pain and suffering damages. A good personal injury attorney will know this, of course. They will attempt to present evidence that will persuade a reasonable-minded jury that such damages are appropriate. This may include presenting evidence of how severe the injury is, what it was like when it occurred (this can be done through photographs, police reports, and doctor's statements), and testimony from the plaintiff regarding their experience. It will be up to the jury to take all of this information and give it the weight they feel it is due.

Of course, "pain and suffering" is only one part of a jury's calculations and a good personal injury attorney will understand that the meat of any case will be in the factual findings. This is where you can show the jury in plain numbers the amount of lost work, the medical bills, and any other financial hardships that the plaintiff has experienced as a result of the injuries. Pain and suffering isn't exactly gravy (that would be reserved for punitive damages, which are becoming more infrequent), but a wise lawyer won't make promises they can't keep.