212-LAWYERS or (212) 344-1000

Pain and Suffering in a Personal Injury Case

The degree of pain and suffering that you have endured is indicated to an insurance company by the nature of your medical treatment and the type of injury you have suffered from. Here are a few factors you need to be aware of, regarding pain and suffering and compensation.

How Medication can Show Pain and Suffering

An insurance adjuster might be convinced that your injuries are serious if you have been prescribed medication to relieve inflammation, pain, or any other injury symptoms. The longer the medication is provided and the stronger it is, the greater the influence it has on your settlement.

Pain and Suffering and Length of Recovery

In the eyes of an insurance company, the longer it takes for a person to recover, the greater their pain and suffering. Including this fact in your medical records is the best way to let an insurance adjuster know how long your recovery took. In most cases, this is simple, because your medical health care practitioner usually makes a notation in your medical chart about how long your recovery is expected to take and how for long you are to abstain from certain activities. It is important to keep documenting your progress and recovery in your medical records. This is because your injury can be viewed as requiring ongoing attention, if your records show a doctor visit a few weeks after an accident. If you visit your doctor and complain of continuing discomfort, pain or immobility, it will make it into your medical records, which will be sent to the insurance company as part of your claim.

The Proof is in Your Hands

If you take charge of documenting the things that can establish the amount of pain and suffering you have experienced, it can go a long way in helping your personal injury case.

  • Make sure you report any discomfort or pain that you are experiencing to the physician who is treating you, so that it may be noted in your medical records.
  • Don’t be shy or stubborn to ask for any medication you might need to control your discomfort your pain.
  • Consider scheduling more medical appointments even though you might not have any in the near future, if you are still suffering from pain or comfort. This will help to document your continued medical problems.
  • Make a list of any daily activities that you seem to be unable to do or are having difficulty doing, because of the continued pain and discomfort that you are experiencing.
  • If your injuries are ones that are visible, such as discoloration, swelling, wounds etc. be sure to take photographic evidence regularly and also indicate the date on which it was taken.
  • Make a log or keep a diary that documents all the things that you have experienced as a result of the pain and suffering that the accident has caused, such as times of depression, the days you missed work, headaches, and so forth.
NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews