To prove pain and suffering to the insurance company or the court, you should collect as much evidence as possible. This evidence may include: Medical records - information about your condition after the accident can help the insurance company determine the extent of your pain and suffering. For example, severe injuries and permanent disabilities result in a higher payout. Medical bills - all bills related to your treatment are essential for calculating damages. You should also keep track of prescriptions for injury-related medications. Documents - hold on to all documents related to the incident, from police reports to pay stubs showing a salary decrease. Even seemingly irrelevant paperwork could turn into crucial proof. Expert testimony - you may need to hire experts (usually medical professionals) to testify about the extent of your physical and mental anguish. They can also make a prognosis about projected recovery time. Photos - you can present photos or videos of the injuries from the day of the incident and document how they change over time. Journals - if the pain and suffering interfere with your normal activities, you can keep a journal of how it affects your daily life. These journals make it easier for the judge or insurance company to decide the extent of your pain and suffering. Since memories of pain and suffering tend to fade, a diary keeps them fresh for proving your case. If you have to prove loss of consortium, be ready to provide additional evidence: Proof that your marriage was stable (photos, payments for joint travels). Medical documents that demonstrate life expectancy for both spouses. Evidence of household services performed by the spouse. Evidence of activities the two of you participated in together. If you work with a personal injury attorney, they can explain what evidence you need to maximize your potential pain and suffering payout. A legal representative can also help gather evidence, especially if your injuries don’t leave you sufficient time to deal with the lawsuit.