Detailed answer — what you must prove and how to prove it

In Indiana personal injury cases, you must prove that your injury caused ongoing pain and that you will need medical care or other support in the future. Proving these facts increases the compensation you can reasonably seek for past and future medical costs, lost income, loss of enjoyment of life, and non-economic damages such as pain and suffering.

1. Core elements you need to establish

• That the accident or event caused your injury.
• That you suffer ongoing pain, limitations, or reduced function because of that injury.
• That you will likely need future medical care, rehabilitation, assistive devices, home modifications, or personal care.
• That these future needs are reasonably certain (more likely than not), and have an estimated cost.

2. Strong documentary evidence

Documentation is the backbone of your claim. Include:

• Medical records: Emergency department notes, hospital records, imaging reports (X-rays, MRI, CT), surgical reports, therapy notes, medication lists, and follow-up visits. Make sure records are complete and show the progression (or lack of improvement) over time.
• Treating medical professional statements: Letters or reports from the clinicians who treated you describing diagnoses, prognosis, and recommended ongoing care.
• Objective findings: Imaging showing structural damage, documented range-of-motion testing, documented neurologic deficits, or other measurable clinical signs that support subjective pain complaints.
• Pain and function logs: A contemporaneous pain journal describing daily pain levels, flare triggers, medication use, limitations in activities, and how pain affects sleep, work, and family life.
• Treatment history and compliance: Records showing you followed recommended care (physical therapy visits, injections, braces) and the results of that care.

3. Opinions that connect current condition to future care

Insurance companies and courts expect a qualified medical professional to explain the expected course of your condition and the care you are likely to need in the future. Useful items include:

• Written prognosis from your treating physician describing ongoing limitations and the likely types of future treatment (e.g., surgery, repeat imaging, long-term medication, chronic pain management, assistive devices).
• Detailed cost estimates for future treatment — either from the treating clinician, a care planner, or medical billing professionals — showing frequency, duration, and unit costs.
• Reports from vocational or rehabilitation professionals if your injuries affect your ability to work or require vocational retraining.

4. Economic proof — calculating future costs and lost earnings

To claim future medical expenses and lost earning capacity, you need numbers and an explanation of how they were derived:

• Get a present-value estimate of future medical costs. This often requires a life-care plan or a cost calculation based on expected treatment frequency and unit costs, then discounted to present value.
• For lost wages or reduced earning capacity, use payroll records, tax returns, employer statements, and analyses from vocational professionals to show projected lost earnings.
• Include realistic assumptions about inflation, ongoing care needs, and working life expectancy; document the assumptions.

5. Corroborating non-medical evidence

Objective, non-medical evidence supports your claim of daily impact:

• Statements from family, friends, or coworkers about how your injuries changed daily life and activities.
• Photos or videos showing injuries, home barriers, or adaptive equipment.
• Records showing canceled hobbies, lost volunteer duties, or inability to perform household tasks.

6. Anticipate insurer strategies and how to respond

Insurers often challenge subjective pain claims by pointing to gaps in treatment, inconsistent statements, or lack of objective tests. Counter these by maintaining continuous documentation, explaining gaps (financial, access, or referral delays), and obtaining clear statements from treating clinicians tying your symptoms to the accident.

7. Timing and procedural limits

Indiana has time limits for filing personal injury actions. Do not delay contacting counsel or preserving evidence. For general information on Indiana civil procedure and statutes affecting personal injury claims, see Indiana Code, Title 34 — Civil Law & Procedure: https://iga.in.gov/legislative/laws/current/ic/titles/34. Also consult court rules and evidence rules for admissibility questions: https://www.in.gov/judiciary/rules/.

8. Settlement vs. trial considerations

Most claims settle. Well-documented future-care plans and credible medical testimony make settlement more likely and justify higher demands. If your case goes to court, the judge or jury will weigh both objective proof and credible testimony about pain, limitations, and future needs.

Helpful hints — quick checklist to prepare evidence

1. Collect and organize all medical records chronologically. Request complete records from every provider.
2. Keep a daily pain and function journal for at least 6–12 months after the incident.
3. Ask your treating clinician for a written prognosis and treatment plan describing future care needs.
4. Get a written estimate of future medical costs and a life-care summary if ongoing treatment is likely.
5. Save pay stubs, tax records, and employer letters documenting lost wages and any job limitations.
6. Obtain third-party statements (family, coworkers) describing how your injury affects daily life.
7. Preserve photographs, videos, and receipts for equipment, home modifications, or unpaid help you hire.
8. If contacted by an insurer, avoid giving recorded statements without first consulting an attorney.
9. Consult a personal injury attorney early — an attorney can help obtain specialist assessments, cost projections, and prepare your claim for negotiation or trial.

Common questions people ask

Q: Can I rely solely on my description of pain?

No. Your description matters, but courts and insurers prefer objective support: medical findings, consistent treatment, and supporting testimony from treating clinicians. A detailed pain journal plus medical documentation strengthens your claim.

Q: What if my imaging looks normal?

Normal imaging does not prevent recovery of damages, but you will need stronger clinical documentation: documented functional limitations, consistent treatment, and medical professional statements explaining how symptoms can exist without clear imaging changes.

Q: How do I put a dollar number on future pain and suffering?

Non-economic damages (pain and suffering) are typically subjective and calculated based on the severity of injury, permanence, age, and how much the injury affects life. A combination of medical testimony, life-care plans, and comparisons to similar cases helps establish a reasonable number. An attorney can model and negotiate these figures.