Personal injury law allows a victim to include pain and suffering in their compensation claim, according to Psychiatric Times. However, while it's easy to quantify and prove the loss of earnings, medical bills, and physical disability in personal injury litigation, that's not always the case when it comes to pain and suffering. So how do you make a case for compensation before a jury and judge if you suffered such non-quantifiable damages following your Bakken oil field injury while working? Here are ways to legally demonstrate your physical and mental agony after suffering personal injury:
Where the liable or at-fault party is contesting a victim's claim of suffering, an expert, such as an orthopedist, may have to explain the relevant theories to the court. Medical expert testimony may come into play where there's no direct relationship between physical injury and pain. In turn, such a submission can improve the chances of a victim recovering full damages.
The Victim's Expression of Pain
A statement that the injured makes to express pain to their doctor for treatment purposes can add weight to their compensation claim. The admissibility of such expressions in court makes sense because, typically, a patient seeking treatment won't lie to their caregiver about how they feel. However, any such statements made to qualify a medical specialist so they can testify in court are hearsay and inadmissible.
Anyone who witnessed the plaintiff's agony may testify as to what they observed. While doctors, nurses, and other caregivers usually provide such testimony, non-experts may chip in too. In particular, a nurse can help jurors and judges prove pain and suffering since they're often with the victim in some of their most painful moments just after the accident. Paramedics, first responders, and ambulance attendants may also take the stand in support of the victim's position.
Many courts are also willing to assess pain based on the pain medication a patient is taking. The logic behind the principle is that the dosage and type of pain relievers a victim is using due to personal injury are directly proportional to their suffering. In that case, a victim may have to rely on hospital records as well as independent research data relevant to the pain medication in question. Pain and suffering are legitimate, compensable personal injury outcomes. While proving such non-quantifiable damages is not always easy in a Bakken oil field injury case, you still can recover full compensation.
Don't hesitate to contact us for legal consultations regarding your current predicament.