When you file a personal injury claim after having been injured in an accident, you want to get compensation for all the costs you have incurred.
This means adding up all medical expenses related to the accident, starting with your initial trip to the emergency room and adding to that the cost of any therapies, surgeries, and others.
Also, you want to be compensated for the income you have lost by not being able to return to work and for any damage that your property suffered, like your car.
Adding up those numbers is quite straightforward. They are economic damages to which a number can be attached.
However, there are other damages that you may be seeking, such as those associated with the pain and suffering you are experiencing, and knowing how to put a value on that is not so easy.
Let’s see how that can be calculated.
What Items Are Considered When Putting a Value on Pain and Suffering?
Several elements are taken into account in order to come up with a good approximation of how much pain and suffering is worth. Among others, you may find:
- The severity and extent of your injuries
- The type of medical treatment that you have received
- How long of a recovery time you have needed
- The possible long-term effects that your injuries will have on you and on the quality of your life
- The amount of insurance coverage available
- The type of case
Insurance companies will look at these and many other factors when determining a value for pain and suffering. Also, if your car was totaled, that may play a role in raising the amount.
How Can I Prove How Much Pain and Suffering I Am Experiencing?
Your medical record is a good indicator of how you have felt since you were injured.
Keep in mind that if every time you visit your doctor and are asked how you are feeling, you answer “fine,” that is what the medical record will show.
It will then be very hard to prove that your pain level is a nine or a ten out of ten.
According to lawyers Bernheim, Kelley, Battista & Bliss, you should always take the time to respond accurately to this question.
What Kind of Offer Can You Expect to Receive From Your Insurance Company?
One thing is for certain: you cannot expect to receive a first fair offer from your insurance company.
That is, not unless the value of your personal injury case is equal or higher than the limits marked by the insurance policy.
Should I Get a Personal Injury Attorney to Help Me With My Case?
That is always a good idea simply because insurance adjusters know that people have no experience negotiating and many have never had to negotiate anything before and are not very good at it.
By trying to go it alone you may actually end up leaving hundreds of thousands of dollars on the table.
Also, many people may start out believing that the offer they are receiving from the insurance company is either a good one or that they will not go any higher.
Therefore, it is not worth trying to ask for more. Getting legal representation may help you get the highest settlement possible for your pain and suffering.