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How do I prove that my accident caused me to have pain and suffering?

November 9, 2017

If someone else caused an accident that injured you, you may be entitled to recover money for your pain and suffering. You know that the accident injured you, caused you to miss work, disrupted your home life, and has just messed everything up. Unfortunately, whether you are dealing with an insurance adjuster or a courtroom jury, that is not enough. You need a paper trail.

So, how can you prove that you were actually injured?

Go to the doctor.

The at-fault party is only required to pay for injuries he or she actually caused. The longer you go without treatment, the harder it is to demonstrate that your claimed injury is linked to the accident.

Listen to your doctor.

Also, failing to get timely treatment can make your injury worse, and the at-fault party can claim that the accident did not cause your injuries—but rather, that your failure to get timely treatment caused them.

Ask your doctor what you can and cannot do.

If your doctor says you need to take time off of work, housework, or any other normal activities, have her write it down. Remember, documentation is key.

Keep a journal.

Were you supposed to watch your daughter’s soccer game, but your back pain kept you home? Write it down. Did you have a headache that made your two-hour work project last five? Write it down.

Enlist witnesses.

Do you have a coworker who sees that, since your accident, you have to stand up from your desk every 20 minutes? Ask him to write it down.

Keep receipts.

Did you have to hire someone to mow your lawn because the accident hurt your back? Get a receipt. Did you buy a special pillow to keep your neck secure at night after the accident? Save the receipt.

Document your wage loss.

Get friendly with your company’s Human Resources department. You will need a statement from them, on the company’s letterhead, stating the time you missed and the wages you lost since the accident.

Get proof that you could have (and would have) worked overtime.

If you want to claim that you lost out on the opportunity to work overtime, you are going to have to prove that overtime was available, and that you typically worked it. This is where the Human Resources department comes in again.

Lost self-employment income requires even more paper.

If you are self-employed, you will need to show what you were earning before the accident — typically in the past two years. Dig out your old W-2s, work orders, and any documentation you can find to demonstrate your income.

Attorney Jacobs believes that everyone deserves a lawyer and always strives to achieve the best available legal outcomes for his clients. Attorney Jacobs cannot make promises as to what legal outcome he will be able to achieve for his clients; however, Attorney Jacobs can promise you that the care and concern he will show for you and your legal needs will be second to none. If you sustained a personal injury, the law firm of Daniel L. Jacobs Jr. LLC and Attorney Jacobs are here to assist you.

Contact us for a Free and Confidential Initial Consultation

If you have any questions about financial compensation for an injury sustained in an accident or during a medical procedure, schedule a free consultation with one of our attorneys.

Ohio: 21821 Libby Rd, Bedford Heights, OH 44146
North Carolina: 9711 David Taylor Dr. Suite 229, Charlotte, NC 28262



Daniel L. Jacobs Jr., LLC is state licensed and provides both legal representation and legal advice throughout the State of Ohio. Neither case testimonials found within our website, nor past case results guarantee and/or predict similar results in future cases. The information obtained by you on the website is not, and not intended to be, legal advice. The use and/or review of information on this site is not intended to create an attorney-client relationship. We invite you to contact us, and welcome your calls, letters and/or electronic mail. Any and all information shared and/or provided directly by you through email, contact forms, text messages, and/or phone calls will be kept confidential. Please feel free to contact us at for any further information.

Alanna B. Klein
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