Getting Fair Compensation For Pain And Suffering
Michael Babboni
Car Accidents
After an accident, dealing with injuries can put you on a long and difficult road to recovery. Broken bones, lacerations, burns, and other physical injuries can take months, sometimes years, years to heal. Physical ailments are tough enough to deal with, but what about the injuries that go beyond the physical?What Does Pain And Suffering Mean?
Pain and suffering is a term that many people have heard of, but not everyone understands. Pain and suffering relates to the way an accident affects your quality of life. It can relate to the psychological trauma that occurs after the accident, such as anxiety, insomnia, fear, or depression. It can also relate to the stress and mental anguish that you feel as you try to rehabilitate from your physical injuries.
Pain and suffering compensation is different than the compensation you receive for medical bills and lost wages. It’s compensation for the loss of comfort and happiness that you would have had if the accident had not occurred.
Start With Medical Treatment
The most important thing that you can do after a car accident is to seek immediate medical treatment. Your pain might not be something that a doctor can physically see, such as muscle strains or depression, but the doctor will make a note in your medical records that you came in and complained of pain, discomfort, or anguish. When the insurance company assesses your medical records, there will be documentation that you took the time out of your schedule to see the doctor about your suffering.
Don’t ignore your symptoms and hope that they go away. When you neglect to see a doctor, all you have is your word that you were injured and are now suffering. The pain and trauma may be very real to you, but the insurance company won’t see it that way without some type of medical corroboration.
Calculating Pain And Suffering
Pain and suffering can be calculated in different ways. There is no standard, but there are common methods used by insurance companies such as:
• A generalized estimation of cost
• Multiplier method: The total of the medical bills related to the accident is multiplied by a number from 1 (for minor injuries) to 5 (severe injuries).
• Per diem method: Compensation is based on daily pain you suffered after the accident and the activities you were not able to perform because of it.
Since these methods can be subjective, the importance of documentation cannot be overstated. If you are injured in an auto accident, start keeping records immediately. The insurance company will look at all of the supporting evidence for your pain and suffering that you provide. Document everything and give them as much information as possible, such as:
• Medical reports and records
• Prescription medication receipts
• Over-the-counter medication receipts
• Proof of time off from work or school
• Photos of injuries, if possible
• Medical bills for therapy, ER visits, x-rays, ambulance rides, and more
It is suggested that you keep a log or a journal that documents your daily pain and how long you endured it, therapy sessions, treatment plans, and activities you missed due to the pain and trauma. Anything that shows how the injuries you acquired in the accident impacted your life can go a long way toward your claim.
It can take months to years to settle a pain and suffering claim, but having an experienced personal injury lawyer on your side can help you along the way. We’ll use our experiences with the general nature of pain and suffering to get you the fair and reasonable amount of compensation that you deserve. Contact us today for more information.