Compensation for "Pain and Suffering" After an Automobile Crash

 Compensation for "Pain and Suffering" After an Automobile Crash

The insurance company that employs Strong, Rock Solid, will compensate you for your losses. Your "Pain and Suffering" will account for a significant chunk of it. This is known as your "Compensatory Damages" in the insurance settlement jargon. How about we discuss that?

How much agony is too much for a human to bear after suffering a bodily injury? Our reactions to pain vary not only from person to person, but also from one moment to the next. The limitations of human endurance cannot be quantified scientifically, unlike pain. Everyone has a unique "Pain Threshold"—the moment when they start to physically hurt as they go through a painful period—and then they have to figure out how to cope with it.

How you see and react to the events unfolding around you determine a great deal. A person's temperament and mental state play a role. For instance, you may be unable to get back on your feet because your personal life is in utter disarray. On the other hand, maybe your employer is about to declare bankruptcy.

There are instances where the same amount of pain seems to be more (or less) than it was on prior days due to the complexity of the process through which an injury is perceived. Say, for instance, that you encounter an issue that leads you to gripe nonstop. Your suffering appears to be much more intense, and you become intolerable as a result. However, when you're in a better mood, the same situation doesn't hurt nearly as much and doesn't bother you quite as much.

You are entitled to compensation for your "pain and suffering": Both the adjuster and Rock Solid Insurance will take into account the sort of damage you sustained as a result of Fred Fuddle's crash, as well as the nature and duration of your treatment, when determining the amount of "Pain and Suffering" you endured. Nevertheless, there are a number of other matters that you ought to bring to the notice of Adjuster Strong in order to apprise him of your experiences.

I. M. Strong will be convinced that your injuries were severe and caused you a lot of "Pain and Suffering" because your family physician, Ole' "Doc" Comfort, prescribed medication, both over-the-counter and prescription, to alleviate pain, inflammation, and other symptoms related to your injuries. Your claim's worth will increase in direct proportion to the potency and duration of your medication, regardless of how you slice it. In the insurance claims industry, that is an inevitable truth.

RECOVERY TIME: Your "Pain and Suffering" and the amount you can expect to get in a settlement for your physical harm are directly proportional to the time it takes you to heal. "Doc" Comfort's Final Medical Report must make this point very apparent. Instruct him that he must record the duration (in weeks and months) until you may resume your regular activities in writing. Verify that he does not forward that report to Adjuster Strong. You will receive it initially and thereafter forward it to Strong. However, peruse it beforehand. Return it to good ol' "Doc" Comfort and insist that he clarify if he hasn't already. It is entirely within your rights to demand that he does. He's not taking seriously your report, your insurance claim, or your large bucks—and you're the one footing the cost!

If you're experiencing ongoing physical symptoms, it's important to maintain regular doctor's appointments. In addition to the apparent "Pain and Suffering" that it will assist in persuading Rock Solid Insurance that you have been through, there are two other compelling reasons to do this. Here are the details:

(1) Adjuster Strong and Rock Solid will be convinced that your injury was severe and required constant attention if your medical records show visits to the doctor four, six, eight, or even more weeks following the event. Plus, it shows every single day that you were unable to work, which illustrates, without a doubt, how much money you lost. Recall that in order to prove your inability to work and to support your claim for lost earnings in any court of law, you must present your attending physician's medical report.

(2) Make sure to inform "Doc" Comfort that your pain, discomfort, stiffness, or immobility has not decreased much, if at all, when you visit him. Check that his written remarks clearly mention this when he executes the Final Medical Report. You are well within your rights to return to the store, give it to him, and state categorically that it is.

When you have a major scar on your body, the value of your claim will likely go up—especially if people can see it. If you've spent 25 years slouched over a desk, your hair has fallen out, and your stomach is protruding, the scar won't have much of an impact. It may not seem valuable at first, but a tall, dark, and attractive twenty-year-old with a scar on their face can make it all worthwhile. Document all of your skin discolorations, scars, and scrapes with colored images. Don't forget to capture any marks on your body as well! Adjuster I. M. Strong will forward the photos to his superiors at the Home Office once you've given him a copy. His immediate supervisor in the home office will look at those photos and gag since I've been there. He will blush, inhale deeply, and then write a one-liner that states: "Do whatever it takes to get rid of this one." He will then email it to Strong. Stop wasting time and get on with it.

If the scar is severe enough, you should request that Dr. Comfort consult a plastic surgeon to determine if the scar may be treated or eliminated. After the specialist examines you, have him or her put a price on getting it looking good again. Make sure you get a copy of his report. Even if you never have it fixed or removed, you should still provide Adjuster Strong with the report from the Plastic Surgeon and copies of any invoices you've incurred as a result of your visits to him. You may rest assured that this will increase the value of your claim!

ASKED QUESTIONS AND ANSWERS ABOUT USING A LAWYER:

The question is whether you really need an attorney who will take a 33 1/3% (or perhaps 50%) share of any money you get from the insurance company of the person who hit you. Affirmative, there are instances when that is the best course of action. Having said that, it is imperative that you communicate to your chosen attorney unequivocally that the settlement should not include the out-of-pocket costs you would have been reimbursed for regardless of their representation. This is particularly true in situations when the damage was completely not your fault.

For instance, imagine this: You were stopped at a red light, waiting for the light to turn green, when an inattentive vehicle slammed you in the back. It is absolutely crystal apparent that the insurance company of the person who hit you will pay for the losses you incurred.

Your motor vehicle sustained $2,800 in property damage, $450 in lost income, and $750 in final doctor's bills and other out-of-pocket "medical expenses." As a whole, these costs add up to $4,000. You happen to reside in a region where the usual "Contingency Fee" charged by attorneys is 33 1/3%. Q: "Should that lawyer take $1,333.33, or 33 percent, of that $4,000?" Yeah, that's a no! THE PROMPT: "Why not"? THERE WAS NO MATTER WHO REPRESENTED YOU—you were still going to earn the $4,000 anyhow! If the attorney's responsibility is obvious, he or she should collect $33,33% of any additional funds beyond that $4,000.

For the sake of argument, let's assume your lawyer was successful in getting you $4,800 to cover your "Pain and Suffering." That sum, along with the $4,000 in Out-Of-Pocket Expenses (discussed earlier), would bring the grand total to $8,800. In all honesty, he ought to have divided the $4,800 in thirds ($1,600 - - so leaving you with $7,200) rather than the $8,800 ($2,933.33 - - thus leaving you with $5,866.66). I'm curious as to how he managed to rack up an extra $1,333.34. An emphatic "nothing"!

DISCLAIMER: This article ~ AUTO ACCIDENT INSURANCE CLAIM ~ Getting Reimbursed For Your "Pain And Suffering" is written solely to assist readers in comprehending the steps involved in filing an insurance claim for their injured motor vehicle. Article City and Dan Baldyga do not offer legal, insurance, or claims consulting services, and they do not promise to provide any form of guarantee or other professional assistance. It is the responsibility of the individual to seek out professional help when needed.

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