To make a claim for pain and suffering, you will need to send the insurance company a demand letter, which is a summary of your claim and damages. In your demand letter, you should discuss your damages for pain and suffering, supported by relevant documents and evidence. Talk about things like the absolute terror of the accident, the helplessness you felt, and the fear of death it caused. Explain to the adjuster how these feelings affected you at the time of the collision and how they will affect your life forever.
The amount you should ask for pain and suffering depends on the severity of your car accident and the injuries you suffered. In general, you should always talk to a car accident lawyer to get a professional opinion on the damages you should seek. A lawyer will be able to compare your case to similar cases you have handled in the past, which will give you a good idea of the types of damages you could win and what you should include in your lawsuit. A demand letter describes what happened, describes the extent and severity of your injuries and losses, and requires a settlement amount.
You should start by demanding an agreement at the higher end of your range. The insurance company can then make a counteroffer, accept your demand or deny it. If the insurance company denies your claim or makes an excessively low counteroffer, then you can file a formal lawsuit. Negotiations can continue while the lawsuit is pending, and most personal injury cases are ultimately resolved before going to trial.
When calculating pain and suffering, insurance adjusters analyze the severity and permanence of your bodily injuries. In other words, you will be entitled to receive more money for pain and suffering if you broke three ribs than if you injured your leg. The more serious and permanent your injury, the more pain and suffering you will experience. Damages for pain and suffering are recoverable, but how are they proven? Proof of this type of injury can take many forms and the more evidence you have to support your claim, the greater your chances of recovering an amount that you feel satisfactory.
The basic thing to keep in mind is that pain and suffering are essentially a measure of how car accident injuries have caused you to suffer, and remember, it also includes psychological suffering. How you approach your case and your decision to hire an attorney can greatly influence the amount of damages and suffering that may be available to you after an accident. Negotiating the general damages portion of your personal injury claim is challenging because there are no objective ways to measure the “pain and suffering (non-economic damages) associated with car accident injuries. Whether you're filing an auto insurance claim or a car accident lawsuit, it's usually not a good strategy to just get a figure of pain and suffering out of nowhere and leave it at that.
After the exam, the doctor will note the findings of your physical exam in your medical history and that you visited your office and complained of pain or discomfort in certain areas of your body shortly after the car accident. Negotiating compensation for your pain and suffering after a car accident can be challenging, but by negotiating patiently and persistently, you should be able to come to an agreement with the insurance adjuster. But beyond categorizing the accident itself, even if the injuries from your car accident are considered minor, there will almost always be a pain and suffering component to any car accident settlement offer you receive. A much more complex area of pain and suffering is the mental and emotional manifestations of this feeling and experience that an accident victim may experience after an accident.
If you are in a personal injury accident and want to know what pain and suffering you deserve, contact a personal injury lawyer to discuss your case and your rights under the law. A Chicago car accident lawyer explains that pain and suffering cannot be easily qualified, and adjusters generally disagree on the amount the victim asks to be paid as compensation for pain and suffering. However, it is still good to have a general understanding of how to test and calculate pain and suffering in a car accident case before making claims for pain and suffering. It is very likely that you will only be paid if you show up for work, so if you left work because of your car accident, I would back up your claim that you have experienced pain and suffering after your accident.
If you have been injured in a car accident due to someone else's negligence, you can likely include a claim for pain and suffering as part of your car accident case. . .