How To Prove Pain, Suffering Or Emotional Distress In A Personal Injury Claim

• Published date: 25 April 2021
• Subject Matter: Litigation, Mediation & Arbitration, Food, Drugs, Healthcare, Life Sciences, Personal Injury
• Law Firm: Keebles
• Author: Mr Owen Brown

In personal injury claims, a claimant must prove pain, suffering or emotional distress in order to be entitled to receive compensation from the defendant.

This is done by obtaining a report from a medical expert which your solicitor will arrange.

A medical expert appropriate to your particular injuries will be carefully selected. For example, an orthopaedic consultant would be instructed to report on broken bones or soft tissue injuries such as strains or sprains.

A healthcare expert will examine you and will also have been provided with your healthcare records so will know what your treating clinicians diagnosed and what treatment they provided.

If you have suffered an injury, it is always important to seek professional advice. The records of this advice will be crucial in assisting a medical expert to prepare a report.

Emotional distress

Proving emotional distress can be more difficult than physical injuries.

Your treating clinicians will record how an accident has affected you psychologically and a suitable expert, such as a psychologist or psychiatrist will take a detailed history from you of the effect an accident has had on you,

Evidence to prove emotional distress can also include your own experience or the experience of others of the impact on you by way of formal witness statements. For...