Can You Sue for Pain and Suffering Damages?
Were you recently involved in a car crash? If so, you’re probably entitled to out-of-pocket expenses like medical bills. But did you know you may also able to pursue a claim for pain and suffering?
Not sure what a pain and suffering claim is, or if you’d even qualify for one? In this article, we’re covering the basics behind a pain and suffering claim, including what it covers and how it is calculated. After reading this article you’ll be able to decide if this legal path is worth pursuing!
What is Pain and Suffering?
Pain and suffering claims cover the emotional distress or anguish that occurs after an incident like a car crash. It’s a term used to describe damages that can’t easily be quantified or measured like medical bills or receipts.
Pain and suffering can encompass a range of scenarios and symptoms. Here are some of the emotional distress or mental conditions it may cover:
- Emotional disorders
- Emotional or psychological trauma
Pain and suffering can also cover any temporary or permanent pain and discomfort caused by an accident, as well as any physical limitations. If you’re experiencing any of these conditions, the at-fault party may be responsible for a payout.
How is Pain and Suffering Calculated?
There are no hard and fast rules for pain and suffering, so it’s harder to quantify. It’s often over-inflated because of that.
Generally, insurance companies look at the permanency and severity of bodily injuries. The more severe or permanent the injury, the more pain and suffering damages you could be awarded.
From there, the insurance company will most likely multiply the number of medical bills you’ve accrued by 1-5. They may also use the per diem method, which assigns a dollar value to a day and then multiplies that value by the number of days. This method is rarely used though.
How to Prepare for a Pain and Injury Claim
you’ll want to work closely with an attorney to estimate your pain and suffering. If you over-inflate your pain and suffering, your claims may be entirely disregarded. Be prepared to explain the reasoning behind your calculation in the paperwork you send over to the insurance company.
It’s important to know that there can be factors at play that will raise or lower the value of your claim. That’s because there are several inputs that influence how a claim adjuster decides on the settlement decision.
For example, their general work experience handling personal injury claims can influence the amount they believe you deserve. They may also have a company policy for valuing claims that works in your favor or against it.
At the end of the day, the insurance company will do whatever it can to reduce or deny your injury claim. That’s why you should absolutely hire an expert lawyer who can advocate on your behalf and persuade the adjuster to give you the biggest payout.
There are also scenarios that may increase the compensation you’re awarded. If you experience any of these significant or permanent physical damages, you may be entitled to more:
- Traumatic brain injury
- Extensive burns
- Spinal injuries
You’re much more likely to receive compensation if you’re living with any of these issues.
Should You Pursue a Pain and Suffering Claim?
Pain and suffering claims can take time and effort. But if you’re experiencing the conditions, distress, or pain listed above, it may be worth pursuing.
Are you not sure you’re ready to wrestle with an insurance company, or if your claim even has merit? We’re here to help! Learn more about our firm to find out how we can help!