Personal injury is an aspect of the law that deals with injuries or accidents that lead to emotional or physical harm. If you get injured and strongly feel someone else is at fault, it is prudent to file a personal injury case.
When filing a personal injury cases, you want to ensure that you get the highest compensation possible. Compensation does not only lead to a sense of self-gratification but also helps one to recover adequately.
There are some things you need to do to maximize your potential compensation as possible. Understanding the aspects of your injury
case can help you get a good amount. To win a pain and suffering case, you have to convince the court that you can no longer enjoy some activities like you used to before the injury occurred.
Tips to Negotiate a Pain and Suffering Case
Here are some hacks to help you get the most compensation from your pain and suffering case.
Know What Is Considered As Pain and Suffering
Before kicking off with your case, you need to enlighten yourself on what counts as pain and suffering. Knowing what it entails will streamline negotiation and let the defense lawyer know that they are dealing with an individual that comprehensively understands the pain and suffering negotiation process. It is important to know that insurance adjusters from the other side’s insurance company strive to ensure that insurance companies pay the least amount possible.
Pain and injury is a term that is used to describe emotional distress and physical pain a person had experienced because of an accident they suffered as a result of someone else’s negligence. In layman’s language, it’s compensation for being subjected to pain. For instance, if your hand was fine before a car accident, and now because of the accident, your hand hurts, deterring you from performing your daily activities, you are supposed to file a personal injury claim.
Also, pain and suffering leading to psychological distress. The trauma, fear and feeling of helplessness you endure from the accident is part of suffering. If you could nurse your toddler or couldn’t bathe yourself because you were severely injured, these experiences amount to psychological suffering.
Have Realistic Expectations
A pain and suffering damages claim is complex because you can’t physically show or measure the pain and emotional distress linked to the accident. A well-distinguished way to measure the value of pain and suffering claim is to calculate hard costs such as lost wages and medical bills. It is advisable to hire a personal injury lawyer for a complex injury case. On the flip side, you can represent yourself on injuries associated with soft tissues such as bruising, strains, stitches and sprains. These kinds of injuries attract lower compensation.
If your treatment included CT scan or X-rays, your compensation should be higher. That’s said, high compensation from injury claims doesn’t come on a silver platter, you have to put up a strong argument to persuade an insurance adjuster that your injuries deserve a higher amount.
Narrate a Touching Story of Your Pain and Suffering
To get pain and suffering compensation, you must narrate an emotional story about your pain. Ensure you vividly describe how the accident led to bodily injury and mental anguish. Include psychological aspects such as the feeling of helplessness you experienced, the fear of the collision and the distress of imagining you are about to die.
You can only say little about how the accident affected you physically since an insurance adjuster will refer your medical documents that clearly indicate the medical treatment you received to determine the magnitude of your suffering. However, when it comes to emotional damage, you are the only person who can recall how the horrible event affected you.
If you want to attract a handsome compensation, communicate psychological damage you endured to your adjuster. When narrating your story, start by telling how things were fairly comfortable before this particular injury.
Provide Evidence for your Personal Injury Claim
As said earlier, it is difficult to prove pain caused by soft injuries such as sprains and bruises. Insurance adjusters assume that you are exaggerating the pain. Additionally, telling an adjuster that you experienced trauma several days after the accident is not compelling. You need to support your argument with enough evidence. Some of the documents you can show include:
Medical records of your Pain and Suffering Damages
Explaining your pain and limited mobility.
Restricting you from performing a tedious manual job or lifting heavy objects.
A personal injury Case
Journal detailing your pain, inability to work and sleep.
Consult a Personal Injury Lawyer about Your Car Accident Injury Claim
When you are not sure how to approach a personal injury lawsuit, or you don’t know how much your pain compensation is worth, it is time to consult a personal injury lawyer.
It is imperative to know that you can talk to an attorney at any stage of your pain and suffering negotiation. Surprisingly, an insurance adjuster can raise a settlement offer for your suffering compensation to a higher amount once an experienced personal injury attorney comes in.
Notably, most attorneys offer a free consultation during the initial stages of most personal injury cases. It’s advisable to liaise with an experienced lawyer to know the worth of your injury claim.
Don’t Forget To Mention Future Medical Bills
It takes time to recover from car accident injuries fully. Even soft tissue injuries can stay sore and stiff for a long time. Let your insurance adjuster know that it will take you several months to recover.
Explain to the adjuster that you have abandoned some tasks for fear of future problems and pains. Mention that your physician recommended more tests if pain persists in the injured areas.
Don’t Fall Prey to the Adjuster
You need to keep in mind that the adjuster is not your friend. They are extensively trained to make injury settlements as little as possible. Be careful of “friendly talk.” Adjusters often befriend accidents victims to get essential information that they can use against them.
Insurer adjusters aren’t there to look after your interests, so don’t fall for their tactics. Be professional and polite when communicating with them. Don’t portray any signs of desperateness, and don’t share sensitive or confidential information with the insurance adjuster.
Lastly, you need to exercise patience and persistence throughout the negotiation process. Calculate pain and suffering and avoid compromising too much. Sometimes bringing an attorney in your case makes an insurance adjuster stop playing games with you.