Mail trucks are some of the most common delivery trucks out on the road today. The drivers have deadlines to meet so are typically in a hurry to get to their destinations.
If you were in an accident with a delivery truck, you may be eligible to file a personal injury claim to receive compensation for damages from the mail driver. Depending on the state there are a number of factors to consider such as proving the driver was negligent and it was this that caused the accident and your injuries. Pain and suffering is one of the parts of a PI claim and if you are suffering as a result of your injuries you may be able to get compensation for this.
What Are the Parts of a PI Claim?
When you calculate the PI claim there are several parts which could be included and these are:
- property damage;
- medical costs;
- future medical costs;
- lost wages;
- future loss of earnings;
- pain and suffering;
- punitive damages.
Property damage, medical costs and loss of earnings are fairly easy to calculate as long as you have the receipts from the hospital or medical center and a report from your physician stating the type of injuries you have and the expected recovery time. For loss of earnings your employer should provide the necessary details.
Calculating Pain and Suffering
When it comes to pain and suffering there are several factors to consider like your loss of enjoyment of life, whether you are permanently disabled and if you are suffering from loss of consortium. There are no hard and fast rules about calculating the amount but the first method is to multiply the victim’s actual medical bills and lost wages by a number, typically between 1 and 5. This will depend how serious the injury is.
For example, if the victim has medical bills of $3,000 for a broken wrist this could be multiplied by 3, which would reach a figure of $9,000. This would then be seen as a reasonable cash settlement for pain and suffering.
The Process for Filing a PI Claim Including Pain and Suffering
All states have a statute of limitations which for a private operator is typically 3 years. If your PI claim isn’t filed within the time limit it’s too late to make a claim.
Your PI attorney will compose a demand letter to them requesting its insurer honors the PI claim without going to court. The demand letter will describe the accident, why the mail driver is liable, what damages occured, and the amount requested for a settlement. Usually, the insurer will reach an agreement but if this doesn’t happen then the attorney will file a lawsuit in the court.
Why You Need a PI Lawyer
You could file a claim without the help of an attorney but when this happens you will probably find the insurer is less likely to accept your settlement request and may offer you a token amount. It’s important for your financial security that a PI attorney works on your behalf to get the settlement including pain and suffering that you deserve. Complete the Free Case Evaluation on this page to review your case with an attorney today!
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Fedex, or any other party, you may not be entitled to any compensation.
