Personal injury cases are all about evidence and suitable compensation. You will not be compensated if you do not have proof of your injuries or losses after an accident.

At the same time, it is important to note that not all losses and suffering are tangible. If you were in a car accident caused by negligence, you may suffer physical pain, as well as anxiety.

While it is fairly easy to put a cost next to physical injuries, it is not as straightforward with things like anxiety, depression, and PTSD.

Fortunately, in both instances, witness testimonies can help prove pain and suffering. If you are suffering physically and mentally after a car accident, a credible witness can give an account of how the incident has negatively impacted your life.

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The Significance of Pain and Suffering

In America, pain and suffering after an accident refers to physical and emotional distress that comes from dealing with an injury. This type of distress is categorized as ‘non-economic’ damages or losses. This means they do not have direct monetary value.

However, even though they are not as easy to quantify as medical bills, non-economic damages are recognized by U.S. courts as an important factor in determining compensation.

This is mainly because pain and suffering damages can affect all aspects of a victim’s life. For example, if you are experiencing pain and suffering, you may be in pain or discomfort daily. You may also have to endure painful physical therapy to try and ease your pain.

It is also very possible that you will suffer from some form of emotional distress. This could include anything from situational depression to PTSD.

Eventually, pain and suffering will stop you from enjoying what you used to. You will likely shy away from hobbies and social activities. You may also not want to spend time with loved ones. In legal terms, this is called ‘loss of enjoyment of life.’

You cannot prove this type of damage to your life and body with medical records alone. You need testimonies from those who know you best.

Testimonies That Can Prove Pain and Suffering

All testimonies must be legitimate. A judge or jury will quickly see through fake testimonies from loved ones or experts. The same goes for legal teams. If your claim is headed towards settlement outside of court, the at-fault party’s lawyer will ensure all testimonies are true.

The different types of testimonies you can use for your case include:

  • Your own testimony. In most cases, the victim’s testimony is the most powerful. You are going through the pain and suffering, which means you can describe it best. You can give the court firsthand insight into your days after the accident.

    For instance, if you suffer severe back injuries, you may have chronic back pain after the accident. This may prevent you from working or getting household tasks done.

  • Testimonies from friends and family. Your loved ones, including friends and family, can corroborate your account. They can also provide their perspective on how the accident and your injuries affect your personality and mood. Furthermore, your loved ones can see and explain how the accident’s aftermath prevents you from enjoying your life.


If you have a spouse, they might testify to how your pain and suffering are straining your marriage. A friend might describe how you avoid social gatherings at all costs, even though you never used to miss a party or celebration.

  • Medical expert testimony. You may also need a medical expert to testify about your specific pain and suffering. For instance, if you have PTSD, a relevant expert can explain why the accident triggered your symptoms. They can also describe how your PTSD affects your daily life.

How Testimonies Are Evaluated

A court, judge, or jury will not entertain testimonies that are not relevant or credible. The same goes for lawyers. The legal system in the U.S. evaluates testimonies in the following ways.

  • Testimonies must be consistent with other evidence. It does not matter where the testimonies come from. It does matter whether it lines up with your other evidence. For example, you may have debilitating back pain but no medical records that prove you sought treatment. In this case, all testimonies relating to your back pain may be considered unreliable.

  • Testimonies must be specific and go into detail. When you explain your pain and suffering, you must go into detail. Describe how the pain wakes you up at night or keeps you from falling asleep in the first place. Vague descriptions or statements of pain and suffering will not help your case.

  • Witness credibility. As mentioned above, all testimonies must be credible. Therefore, all witnesses must be credible. While family members may inevitably be considered biased, other witness testimonies can back up their accounts. Other witnesses may include coworkers or neighbors.

  • Professional expertise. If an expert witness testifies, their testimony is evaluated based on their qualifications and experience. For instance, a well-known and respected medical professional’s testimony can bring significant credibility to a pain and suffering claim.

Why You Need Testimonies for Your Settlement Negotiations

Testimonies are invaluable not only in a courtroom but also during settlement negotiations. Insurance companies usually try to downplay injuries or pain and suffering. They do this so they can minimize the eventual settlement payout.

Credible testimonies will make it difficult for an insurance company to offer a lowball settlement.

For instance, your own testimony (and medical proof) of losing your independence because of mobility issues can lead to a higher settlement.

A doctor’s testimony about long-term psychological trauma and how it affects you can highlight why you need a higher payout.

Testimonies Remind Courts and Insurers That Victims Are Human

Courts and insurance companies deal with personal injury cases every day. After a while, it could make these institutions see victims as numbers instead of humans.

Testimonies make all the difference in this type of situation. Through testimonies, a judge, jury, and insurer can get to know you and the person you were before the accident. They can fully understand how your quality of life is diminished because of the accident.

In addition to witness testimonies, you must have a lawyer. Your lawyer will know exactly when and where to add testimonies to your case for maximum impact. Moreover, your lawyer will prepare all the aspects of your case to ensure a greater chance at success.