Declaration of Pain Law and Legal Definition

Declaration of pain refers to an out of court statement of a person that consists of a claim of present pain.

Declaration of pain is evidence of the natural expressions of feeling and is accepted as original evidence. It is an exception to the hearsay rule. When the person who made the declarations is dead, such evidence is the only best evidence of the feelings of the deceased at the time of his/ her death. [Texas Employers' Ins. Asso. v. Hatcher, 365 S.W.2d 641, 649 (Tex. App. 1963)

“In order for declarations concerning the injuries made by the injured party to a physician to be admissible in evidence, they must be involuntary expressions of present pain”. [Texas State Fair v. Marti, 30 Tex. Civ. App. 132 (Tex. App. 1902)]