Auto Accident Settlement For Pain Suffering Guidelines  

When raising an accident claim, you should be familiar with the prevailing laws of the state in which claim is being raised. The laws on accident settlements, particularly with regard to suffering of pain, vary from state to state. Certain states allow for a significant tax-free settlement to settle this issue.

The element of pain suffered by an accident victim is a subjective problem and difficult to quantify. It could be short term pain -- immediately after the accident which is somewhat definable -- or long-term which could go on for several years or possibly even a lifetime and is difficult to prove. The pain need not be physical but could stem from emotional distress or even sleep impairment. Alternatively, the pain, of a physical nature, could arise at some later date.  It may not necessarily relate to the injury but could well occur because of neurological damage which may not be immediately evident.

The onus on proving such a claim vests with the claimant and can sometimes be determined only in a court of law. Insurance claim adjusters generally try to evade this issue. But if you are deciding to negotiate a settlement yourself, then a thumb rule to bear in mind is that to cover collateral pain, insurance companies generally allow for a settlement of thrice the amount of the actual physical damage sustained. It often becomes a difficult issue to negotiate; hence it might be advisable, in certain circumstances, to employ the services of an attorney versed in personal injury claims

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