Documenting Pain and Suffering in Virginia TBI Cases

Because there is no hard and fast rule for placing a dollar amount on non-economic damages, the amount of compensation you receive will be heavily influenced by how effectively you document your pain and suffering. Your attorney can help you put together:

  • Evidence of disabilities caused by the accident
  • Expert witnesses who can explain how the pain from the injury obstructs your daily life 
  • Lists of medications you take due to the injury
  • Medical records and notes from doctors who have seen you since the accident
  • Proof of ongoing therapy or physical rehabilitation sessions
  • A journal chronicling your daily pain levels and inability to complete specific tasks
  • Testimony from people who have witnessed the effects the accident has had on your daily life

Your legal advocate can use that evidence for negotiating with insurance, or present it to a jury if the case needs to go to trial. Having a skilled lawyer on your side is important during this step because insurance providers exist to generate profit. If they frequently pay out large settlements, they are less profitable. An adjuster will likely provide an initial offer that is much less than you actually deserve. 

There’s another critical way an attorney helps protect your legal rights that many TBI victims may not have considered. Your lawyer can offer crucial advice on how to avoid common practices by insurance companies used to outright deny or substantially reduce the compensation you are paid. Social media posts in particular, such as pictures or videos of family gatherings, can be taken out of context to claim pain and emotional suffering aren’t actually affecting you to a serious degree.


Kevin W. Mottley
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Richmond, VA trial lawyer dedicated to handling brain injuries, car accidents and other serious injury claims
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