Nobody wants to find themselves injured when they are going about their day-to-day tasks, but personal injury does happen quite often. Considering that pain and suffering can make up 50% of a claim, it’s worth taking the time to learn what these damages actually are and when they apply. Expert testimony is often crucial in these claims as well as it helps to provide validation for subjective suffering, but few people often think about relying on this form of evidence when fighting in court. Learn everything you need to know about expert testimony in regard to establishing and quantifying pain and suffering damages so that you can determine whether you should reach out to a professional.
What Are Pain and Suffering Damages?
As indicated, pain and suffering are perhaps the most common types of damages in a personal injury case. These damages most often cover the physical and emotional distress that is caused by an injury and can be anything related to:
- Physical pain and discomfort
- Shortened life expectancy
- Long-term disability or impairment
- Loss of bodily function
- Complications to daily life
- Loss of enjoyment in daily activities
- Loss of security
Pain and suffering damages are also among the most broad form of damages because they can encompass both economic (monetary) and non-economic (non-monetary) damages. Given that they run the breadth of both physical and emotional distress, they are also the most subjective form of damages. This means that the award amount for pain and suffering can vary drastically from case to case, easily reaching into the hundreds of thousands for large-scale personal injury cases.
Why Expert Testimony Is Essential in Pain and Suffering Claims
As mentioned, pain and suffering is inherently subjective and difficult to quantify beyond the physical aspect. This is where expert testimony can be extremely helpful though. If you have been injured and believe the extent of your suffering goes beyond what is visible to the naked eye, having experts such as medical professionals, psychologists, and therapists offering their insights to the court can help you garner as much as possible in damages.
These experts can often offer clarity on the long-term impacts of the injuries that you suffered including any chronic pain or mental health issues that may affect your day-to-day life in the future. Their testimony also serves as objective evidence that supports your experience which adds an authoritative level of proof to your claim.
Common Types of Experts in Pain and Suffering Cases
While pain and suffering damages certainly run a wide range, there are some consistent experts seen who testify. The three most common types include:
- Medical Experts: Doctors, specialists, or pain management experts who can explain the physical injuries sustained, their severity, and their impact on daily life are crucial
- Mental Health Professionals: Psychiatrists, psychologists, and therapists who can testify to the emotional and psychological toll your injury has had, such as depression, anxiety, and PTSD will attest to the mental part of your injuries
- Vocational Experts: Professionals who assess how the injury has affected your ability to return to work or perform daily tasks will provide insight into functional impairments
If you are unsure of which expert you should bring into the court to offer insights, speak with an accredited personal injury attorney who will be able to guide you on the right choice. Be aware, though, that expert testimony is not cheap. Therefore, you need to be certain you are bringing in the right experts based on your injuries.
How Expert Testimony Helps Quantify Pain and Suffering
Beyond just offering their thoughts, expert testimony provides proof of pain and suffering in a variety of forms. Medical reports which detail the severity and nature of your injuries, psychological evaluations that assess mental health after the accident, pain scales from doctors, and prognosis reports that predict the future course of pain all help to establish current and long-term impacts of your injuries.
In many personal injury cases, the lawsuit turns into a “he said, she said” situation. Having an expert come in and offer their thoughts, along with proof in the form of reports, is an invaluable resource that can tip the scales of the lawsuit in your favor.
The Challenges of Expert Testimony in Pain and Suffering Cases
While expert testimony is extremely helpful in pain and suffering cases, there are some challenges that can arise too. The opposing counsel may challenge the qualifications of the expert you bring in or dispute the accuracy of their findings. They may also argue that the professional is not neutral or objective and that they are acting in a biased manner which should undermine their testimony. Finally, opposing counsel may also argue that the admissibility of their evidence is questionable. All of these can be countered by a skilled personal injury attorney of your own, though, which is why hiring an accredited professional is so important.
The impact of expert testimony on your case
Expert testimony will help to establish and quantify the pain and suffering that you have experienced as a result of your injuries due to the incident. However, bringing on the right experts who can provide substantial evidence backed by science is important. This will allow them to demonstrate the full extent of your suffering to the court and ensure that you receive fair compensation for what occurred.
It’s important to seek out legal representation who has experience with using expert witnesses in personal injury cases. To do this, you should review all feedback from personal injury attorneys you are considering to see who has received the highest ratings, specifically with mentions to expert testimony. The last thing you want after all your suffering is to receive a reward amount that is grossly beneath what you think you are owed, so always do your research when finding both an attorney and experts who can help you fight for your rights in court.
