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After being involved in an accident, you may be left with various injuries, including those that are not easily quantifiable. To be compensated for your pain and suffering, you will have to present certain evidence and negotiate with insurance companies. The type of evidence will typically vary depending on the nature and extent of your injuries.
If you have any questions regarding your pain and suffering, such as how much an insurance company will pay, contact an experienced personal injury attorney at Zinda Law Group today. Our team can help fight on your behalf to get you the compensation you deserve. Contact us at (800) 863 5312 for your 100% free consultation. You will not pay us anything unless we are successful in winning your case.
What Do Insurance Companies Consider Pain and Suffering?
Pain and suffering is an overarching term that encompasses the physical injuries and mental anguish that one may experience after some type of accident. For example, if you have been in a car accident, you may experience anxiety, depression, loss of enjoyment of life, and nerve damage. You may then be entitled to compensation for your physical and emotional pain and suffering.
While you may suffer from one or more of those conditions, it’s important to be diligent and precise when reporting evidence of anguish as companies will look for reasons not to deliver a maximum amount.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
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To prove pain and suffering, you must be able to show certain types of evidence. This evidence will typically center around the nature and extent of your injuries, as well as their negative impact on your wellbeing. Examples of these kinds of evidence include:
Medical Records Related to Physical Injuries
Medical records related to your physical injuries are important to show, as they not only demonstrate the nature and extent of your injuries, but they also show past and future medical procedures, costs, and descriptions of the pain you have, or will, endure.
Medical Records Related to Mental Health
It is also important to produce any medical records related to your mental health, as pain and suffering includes emotional trauma and associated challenges. For instance, you should present any in-patient treatment records to prove your mental health difficulties, such as depression or post-traumatic stress disorder.
Sworn Testimony
In many cases, your attorney will also present your own sworn testimony relating to your physical pain, emotional suffering, and any challenges you have overcome due to your pain and suffering. For example, your attorney may ask you to describe the treatments and procedures you have undergone, pain medications you must take, and depression you have relating to the accident. Your attorney may also ask you to detail any relationship impacts or day-to-day life disruptions, such as your inability to participate in favorite hobbies.
Similarly, your attorney may present the sworn testimony of friends or family and ask them to describe any changes in your relationships with them, how your personality or interests have changed, and about your loss of enjoyment of life or activities.
Expert Witnesses
Lastly, it may be important to present expert witnesses to provide a neutral perspective about your pain and suffering. Examples of expert witnesses may include physicians, mental health professionals, and occupational therapists.
To prove pain and suffering, it is important to provide certain types of evidence, such as the examples listed above. Gathering this evidence may be difficult, so it is important to contact Zinda Law Group today to begin this task.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationFactors That Affect Pain and Suffering Damages Insurance Settlement
There are a variety of factors that may affect your pain and suffering insurance settlement. These factors include:
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationThe Severity of your Injuries
One of the most important factors is the severity of your injuries. The more severe your injuries, the more pain and suffering you will likely be experiencing. For instance, you are more likely to receive a higher settlement if you are suffering with a permanent disability when compared to minor soft tissue damage.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationMedical Treatment Received
The amount of medical treatment that you have already received is also a major factor in determining settlement amount. Always seek medical treatment following any kind of accident, as you will likely need to prove the type and cost of the care received before obtaining compensation.
Pre-Existing Conditions
Any of your pre-existing conditions will also play a part in determining pain and suffering settlement amounts. If you have a history of shoulder pain, for example, insurance companies will likely argue that your current injuries are not as severe as you are claiming.
Loss of Earning Capacity
Changes or loss in earning capacity may also be taken into consideration. For example, the value of your claim may be higher if you are unable to return to work for a long period of time, if ever.
These are just some of the many factors that may play a role in determining pain and suffering settlement amounts. For more information, contact Zinda Law Group today.
How Insurance Companies Calculate Pain and Suffering Damages
Pain and suffering are compensable damages that do not have an exact formula for calculation, but instead are largely driven by the severity of the injury and the interruption the injury has caused to the victim’s life. There are two approaches, however, that may be useful in determining pain and suffering amounts:
Multiplier Calculation
The multiplier calculation is a common approach used for determining pain and suffering damages. This method involves the addition of all economic damages, including medical care and loss of earning capacity, and then multiplying them by a number. This number is based on the severity of the victim’s pain and suffering.
Per Diem Calculation
The second method of determining pain and suffering amounts is to assign a dollar amount to the daily impact of the victim’s injuries and multiplying it by the number of days the victim had to live with the pain. The number of days the victim is experiencing pain may be difficult to determine, however, when there is a likelihood that the pain will worsen in the future.
Contact Zinda Law Group today with any other questions you may have relating to the calculation of pain and suffering.
Why You Should Always Negotiate
After being involved in an accident and filing an insurance claim, you will likely be contacted by an insurance adjuster. These adjusters work for the insurance company, and, as such, are typically trained to offer you the lowest amount of money available for your injuries. The adjusters will likely try and minimize your claim using certain tactics, such as asserting that you were at fault for your accident.
To receive the maximum amount of compensation for your pain and suffering, you should never accept the first offer from an insurance adjuster. Hiring an experienced personal injury attorney at Zinda Law Group to negotiate on your behalf may help you receive higher compensation amounts, as we know how to deal with insurance companies and their various tactics.
Is Pain and Suffering Separate From Medical Bills?
Pain and suffering is separate from medical bills, as pain and suffering focuses on the physical and emotional trauma or anguish of actually being harmed, whereas medical bills account for the financial repercussions and damages relating to the injury.
Contact Zinda Law Group today to discuss the differences between pain and suffering and medical bills. Further, our team can help determine how much your pain and suffering may be worth.
How Do You Know What’s Fair?
Unfortunately, there is no definitive way of putting a dollar amount on pain and suffering damages. This may lead you to wonder what a fair settlement amount is. Typically, the goal is to reinstate you to the financial position you would be in if the accident and subsequent damages did not occur. The amount of money will depend on the severity of your pain and suffering, including your physical pain, disability, disfigurement, loss of enjoyment of life, loss of companionship, and more.
After an accident, it is important to contact a knowledgeable attorney at Zinda Law Group, as we can help negotiate for a fair pain and suffering settlement amount and fight for your legal rights.
Need Help? Contact Zinda Law Group Today
If you have been injured and are suffering from a loss of enjoyment of life, lowered mobility, or depression, you may be entitled to pain and suffering compensation. Unlike medical bills, pain and suffering is not easily quantified. It is important, therefore, to contact an experienced attorney to help determine what your case may be worth.
Call a Zinda Law Group personal injury attorney today at (800) 863 5312 to set up your free initial consultation. You do not have to worry about paying us anything unless we are able to win you compensation in your case. That is our “No Win, No Fee Guarantee.”
Meetings with attorneys are available by appointment only.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
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