Pain and suffering is a legal term that refers to the physical and emotional damage caused from an injury. It falls under the ‘general damages’ head of damages because it is not easily quantifiable. In Queensland, general damages are assessed on a scale known as the Injury Value Scale (ISV) under the Civil Liability Act 2003 (CLA). Schedule 4 of the CLA includes a table that illustrates the range of injuries that a claimant may suffer to varying parts of the body. Each injury has a range from 1 (minor) to 100 (catastrophic) and each range has a corresponding monetary value and criteria to determine what level an injury should be assessed at within that range.
The difficulty with assessing general damages is that it is highly subjective and can be open to interpretation, especially with multiple medical opinions. That is why it is so important to seek the advice of an accredited specialist in personal injury to advocate for you and make sure you get the professional legal guidance and medical evidence you need.
How do you prove pain and suffering?
Our clients always ask “how do I prove my pain and suffering?” In court, both the objective evidence and the credibility of the claimant will come into play to determine how much compensation you get.
Keep a journal
A good starting point is to keep a personal record of your injuries and what you are going through during your treatment and recovery period following an injury. This allows you to be able to put to writing your own feelings of what you are going through and how it is affecting your life. Not only may it be therapeutic, but it can also be supportive of your claim for pain and suffering because it acts as evidence that cannot be found in a doctor’s report or a medical diagram. Your voice should be heard on how you are suffering. This is especially important if injuries are affecting more than just your health such as your family life, your daily activities or your relationships with friends.
Nobody can feel the pain that you are going through. Similarly, no amount of money can truly compensate the suffering that you endure following an accident. However, there are strict guidelines that are imposed by the courts in assessing general damages. As such, seeking a strong legal counsel will not only improve your chances of success, but also ensure that you receive the most compensation for an injury that you can get in your circumstances.
If you have any questions on our successes at East Coast Injury Lawyers that may be similar to your situation and how our firm is prepared to represent you, please contact us at firstname.lastname@example.org or 1300 720 544.