Suppose you want to file an insurance claim after an auto accident. In that case, you may be able to negotiate pain and suffering without the assistance of a lawyer if you provide detailed supporting paperwork to show your losses. You must also write a demand letter to the insurance company and be prepared to respond to their challenges to your claim.
If you have recovered from minor car accident damages, you can usually negotiate a good settlement without the assistance of an attorney as long as you have received some training. However, for the best results, claims for severe injuries or lasting disabilities should be handled by an experienced personal injury lawyer.
Tips for negotiating Pain and Suffering
Some tips can help you negotiate pain and suffering compensation after a car accident. These are:
- Manage Your Compensation Expectations
Settling the general damages section of your injury claim can be difficult because there are no objective methods to quantify the non-economic damages, such as pain and suffering connected with automobile accident injuries. A standard method for determining the worth of an injury claim is to add up your documented economic damages, such as medical bills and missed earnings, then multiply by a factor to account for pain and suffering.
- Know what counts as Pain and Suffering.
To settle an auto accident claim properly, you must first understand what constitutes pain and suffering. “Pain and suffering” refers to the physical and emotional distress you experienced due to the injuries you sustained in the auto accident. It is, technically, compensation for subjective suffering. Suffering also includes mental anguish. The anxiety, helplessness, and panic you felt from the accident are all part of the pain and suffering.
- Support your claim with outside factors.
Outside factors are the conditions surrounding the accident that may easily sway a jury in your favor if your injury claim becomes a lawsuit. Leveraging outside factors to your advantage can help you negotiate your pain and suffering compensation. During negotiations, you could demonstrate to the adjuster how certain outside factors exacerbated your anxiety and fear due to the accident and how you would not have suffered if their insured motorist had not been negligent.
- Describe your distress during recovery.
Use descriptive and vivid language when describing to the adjuster how the accident affected you. The fear and anguish you felt due to the incident were only the beginning of your suffering, thanks to the at-fault driver’s recklessness. While discussing your experiences following the auto accident and during your recovery, use vivid and strong language.