Pain And Suffering In An Accident  

Pain and suffering is difficult to quantify. Pain could be immediate and short term which is somewhat assessable. But often pain and suffering is long term and can have repercussions lasting several years. The pain could also arise from emotional and mental distress.

Suffering could even manifest itself with inability to sleep after the accident. There are a number of imponderables which will be hotly contested by the claims adjuster representing the insurance company. Proving a claim for pain and suffering rests with the claimant and hence the importance of building up a well-documented case.

Right from the inception, carefully retain all your medical bills. Request your doctor to meticulously record the injuries and your progress till recovery. If you need to visit a specialist like a chiropractor for pain in the back or neck, do so with your doctor’s recommendation. You should be able to prove your visits are a direct consequence of the accident. Keep all the bills for medicines especially those for control of pain which will strengthen your case. Document your injuries with photographs, especially if there is swelling in the affected areas. Try to take well defined close ups as well as from a distance. If the issue does go to court, the jury must be able to get a clear picture of the extent of injury on which you are making your claim.

           With this in hand you are able to negotiate with the adjuster. Bear in mind that they follow a thumb rule of settlement of between 2 to 5 times the actual medical expenses. The final figure will largely depend on the severity of the accident.

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