If you have been in a car accident and suffered injuries, you might be wondering if the auto insurance will compensate you for your pain and suffering. You can recover compensation for your pain and suffering if you include that in your personal injury claim. Any time there have been injuries, there has been pain and suffering. However, the value of a pain and suffering claim is closely related to the severity of the injuries you suffered in the crash.
How Pain and Suffering is Determined
Pain and suffering are determined by the severity of your injuries and the actual costs incurred for medical care and for lost wages. For example, a broken arm that takes six weeks to heal and that doesn’t require surgery will not be compensated in the same way as a broken back that will require a year of intensive therapy and months off work. Many times, the insurance companies use a number between one and five to multiply the amount of your medical bills and determine the value of your pain and suffering claim. As an example, if you have $6,000 in medical bills for whiplash, they might multiple those medical bills by two and come up with a $12,000 value for your personal injury claim. If your medical expenses were $15,000 for a neck injury that kept you out of work for nine months and that will require ongoing treatment, that figure might be multiplied by four or five, totaling $60,000 to $75,000.
Proving Your Damages
To get pain and suffering, you must successfully prove your other damages. That means you must maintain documentation that shows your medical expenses, such as bills for doctor visits and physical therapy, hospital bills, prescription receipts, and receipts or bills for medical supplies. Also, maintain thorough documentation that shows your missed work and lost wages. Keep copies of physician notes that indicate you are unable to work or must proceed with limitations or restrictions. Remember, the insurance company is in business to make money and not pay claims, so you will need an accident injury lawyer to represent you and ensure that you are treated fairly. An attorney will conduct his or her own investigation into the crash to reveal additional evidence.
Consult with a Personal Injury Attorney
If you have suffered injuries in an auto accident, you should consult with a personal injury attorney who is licensed to practice in your state. Accident injury attorneys work on a contingency basis, so you have nothing to lose. Your lawyer will not be paid until you are compensated for your damages sustained in the crash. To have an attorney in your area review the details of your case, complete the Free Case Evaluation Form on this page. An attorney will review the information surrounding your accident and determine the best way to proceed with your personal injury claim. Every state has its own statute of limitations, so you should act now before it is too late!
