In order for you to recover fair compensation for your injuries, it is vital for your attorney to present strong evidence of your pain and suffering damages. This makes it highly important for you to open up about how your injuries impact your life and the severity of them. You should not hold back out of a fear that you will be viewed as a complainer. Your lawyer understands the overwhelming impact that injuries may have, and they do not view people who talk about their injuries as being complainers. Take some time to think about all of the ways that your injury has affected you, and write them down. Avoid leaving things out simply because you think that they might be viewed as small. For example, if you love tennis and your injury prevents you from playing it, write it down.
Your lawyer may offer a range to the jury in order to help it reach its ultimate decision. He or she may also call several witnesses to the stand to help the jury to understand how your injury has impacted your life. Your lawyer will only be able to present examples of the losses that you have suffered if you give him or her the information. You should be prepared to give examples that are real and that come from your life.
Pain and suffering damages are non-economic damages that compensate the victim for the physical and emotional distress they have experienced as a result of their injuries. To present pain and suffering damages at trial, an attorney may take the following steps:
Establish a narrative: The attorney may begin by establishing a clear narrative that connects the defendant's negligence to the victim's pain and suffering. This may involve presenting evidence that shows how the injury has affected the victim's daily life, such as their ability to work, socialize, or perform routine activities.
Present testimony: The attorney may call witnesses, such as medical experts or family members, to testify about the extent of the victim's pain and suffering. These witnesses can provide a more detailed account of the victim's injuries and the impact they have had on their life.
Use visual aids: The attorney may use visual aids, such as photographs, diagrams, or medical records, to help illustrate the extent of the victim's injuries and the resulting pain and suffering. These visual aids can help the jury better understand the victim's situation and empathize with their experience.
Calculate damages: The attorney may calculate a fair amount for pain and suffering damages based on the severity of the injury, the degree of pain and suffering, and other relevant factors such as the victim's age, occupation, and overall health. This calculation can help the jury understand the value of the pain and suffering damages being sought.
Emphasize the emotional impact: The attorney may also emphasize the emotional impact of the victim's injuries, such as the stress, anxiety, or depression they may be experiencing as a result of the accident. This can help the jury understand the full scope of the victim's pain and suffering.
Overall, presenting pain and suffering damages at trial requires a strategic approach that involves establishing a clear narrative, presenting compelling evidence, and calculating a fair amount for damages. An experienced personal injury attorney can help navigate the complexities of a personal injury trial and advocate effectively on behalf of their client.