Detailed Answer — What you must prove and how to prove it

To justify asking for more compensation after an injury, you must show (1) that your current pain and disability are caused by the accident or event, (2) that those problems are ongoing or permanent, and (3) that future medical care and other losses are likely and can be estimated with reasonable certainty. Insurers and courts in Tennessee expect clear, organized evidence that links your claimed pain and future needs to the injury.

1. Establish causation with a continuous treating relationship

Seek prompt care and keep seeing providers. A steady record from initial treatment through follow-ups is powerful because treating providers can say what they observed, what they diagnosed, and how your condition changed over time. Notes showing a timeline from the incident to persistent complaints make causation credible.

2. Gather objective medical evidence

• Imaging (MRI, CT, X-rays) and diagnostic tests (EMG, nerve conduction studies, lab work) that corroborate your complaints.
• Physical exam findings documented by clinicians (reduced range of motion, strength deficits, abnormal reflexes, gait problems).
• Therapy progress notes showing functional limitations (physical therapy, occupational therapy).

Objective evidence does not mean you have to show a perfect test result; courts and insurers weigh objective findings together with credible symptom reports.

3. Use expert opinions to quantify future care

To recover for future medical care and long-term needs, you’ll generally need an expert (often your treating physician plus a life-care planner or medical economist) to:

• Explain the diagnosis and prognosis.
• Describe the reasonable and necessary future treatments, assistive devices, or home modifications.
• Provide a cost estimate for those future services, and explain the basis for the estimate.

Under Tennessee rules on expert testimony, experts must be qualified and base opinions on reliable facts and methods. For an overview of Tennessee’s rules for expert testimony and admissibility, see the Tennessee Rules of Evidence: https://www.tncourts.gov/rules/evidence-rules.

4. Create a life care plan when appropriate

A life care plan is a detailed document prepared by a qualified professional that lists expected future medical needs, their frequency, and estimated costs over the injured person’s expected lifetime. It is often used to justify a larger demand for future medical expenses and attendant care.

5. Show loss of function and day-to-day impact

Pain and suffering, loss of enjoyment of life, and diminished daily activities are subjective but compensable. Use the following to document impact:

• Pain diaries noting daily pain levels, triggers, and limitations.
• Photographs or videos showing limited mobility or use of adaptive equipment.
• Statements from family, caregivers, or employers describing how the injury changed daily life and work.

6. Address pre-existing conditions and comparative responsibility

If you had a prior condition, your medical records should distinguish between pre-existing issues and new or aggravated injury. Tennessee law allows recovery for aggravation of pre-existing conditions, but you must show the accident materially worsened the condition. A treating physician or expert should explain the difference.

7. Use vocational and economic experts for lost future earning capacity

If your injury affects your ability to work, vocational experts can testify about employability, retraining needs, and earnings loss. Economic experts convert future losses into present-dollar values and explain assumptions, discount rates, and contingencies.

8. Present persuasive demonstrative evidence

Courtroom or settlement presentations benefit from clear demonstrative aids: medical timelines, graphs of treatment costs, before-and-after functional comparisons, and excerpts from medical records. These tools make abstract future needs concrete.

9. Know how insurers and juries evaluate claims

Insurance adjusters look for gaps in treatment, inconsistent statements, and weak links between the injury and claimed future care. Juries consider credibility, corroborating medical evidence, and whether future costs are reasonable and necessary. Consistent treatment, objective findings, and credible expert testimony strengthen your claim.

10. Work with an attorney who knows how to build the proof

A Tennessee personal injury attorney can coordinate medical experts, commission life care plans, retain vocational and economic analysts, organize evidence for depositions and trial, and negotiate effectively with insurers. If you intend to ask for substantial future damages, experienced counsel can help ensure your evidence meets admissibility and credibility standards under Tennessee practice.

Helpful Hints

• Seek medical care immediately and keep all records. Prompt treatment starts the chronological record that links the event to injury.
• Keep a pain and function journal from day one—note dates, activities you can’t do, medication effects, and sleep disruption.
• Follow medical advice and treatment plans. Gaps or missed appointments undermine claims of ongoing need.
• Get specialist opinions early (orthopedics, neurology, pain management, physiatry) when symptoms persist.
• Ask your treating doctor to explain, in writing, why future care is needed and what it will cost. A clear medical narrative is valuable evidence.
• Preserve workplace records and employer testimony if your job abilities changed; those documents help prove lost earning capacity.
• Request cost estimates (dental, surgical, durable medical equipment, home modifications) and keep receipts for all out-of-pocket expenses.
• Be truthful and consistent in all statements; inconsistencies can be used to attack credibility.
• Contact an attorney early. Tennessee has strict deadlines and insurance companies can make early low offers—legal help ensures evidence is assembled before settlement discussions.
• Understand expert reports: ask for a simple summary of the expert’s opinion and the basis so you and jurors can follow the reasoning.