Proving Pain and Suffering: Evidence That Maximizes Compensation

Pain and suffering includes physical pain, emotional distress, mental anguish, loss of enjoyment of life, inconvenience, disfigurement, and loss of consortium. These non-economic damages have no receipts but are very real.

Insurance companies minimize these claims because they lack documentation. Your job is to create evidence that makes your suffering undeniable and quantifiable.

Keep a daily journal documenting: pain levels (1-10 scale), activities you cannot do, sleep disruption, emotional impact, medication side effects, and how injuries affect relationships and daily life.

Be specific and consistent. "My back hurt today" is weak. "Woke at 3am from back spasms, rated 8/10. Could not play catch with my son or attend his baseball game" tells a story.

Additional evidence includes: before/after photos showing physical changes, witness statements from family and friends about lifestyle impact, therapist records documenting emotional struggles, and expert testimony in severe cases.

Medical records should document complaints of pain and functional limitations. Tell your doctors everything - undocumented symptoms did not happen as far as your case is concerned.

Attorneys use multipliers (1.5-5x economic damages based on severity) or per diem methods (daily rate for each day of suffering). More serious, permanent injuries justify higher multipliers.

Compelling documentation increases your multiplier. A well-kept pain journal showing daily struggles over months is far more persuasive than vague claims of "ongoing pain."