Mail trucks are frequently seen out on the freeways and highways busily delivering packets to businesses and private individuals. There is barely time for a break so drivers suffer from fatigue and lose attention. When this happens and you are nearby in your auto and you are hit you may suffer some serious injuries which means you may need medical treatment and a long recovery time.
Fortunately, you may be able to file a personal injury claim if you have proof that the driver caused the accident. Typically, pain and suffering is included in this claim and the amount you are likely to receive will be dependent on the severity of the injuries.
There Are Several Parts to a PI Claim
Once you have decided to file a personal injury claim because you are suffering financially due to an accident with a mail truck that wasn’t your fault, you will need to have foolproof evidence to show that the driver caused your accident. This could include eyewitness reports and a police report. You will also need to include your medical treatment costs up to now and into the future, your loss of earnings up to now and when you expect to return to work, receipts showing repairs done to your auto and a calculation for pain and suffering.
Calculating Pain and Suffering
Pain and suffering is calculated depending on how much the injury is affecting your life. If you are permanently disabled this will have an emotional effect on your life. If you are physically in pain you can include a value for this.
Your attorney may take the cost of your medical treatment and multiplies it by a number between 1 and 5. The number chosen will depend on how much you are suffering. This is then added to the other parts of your PI claim.
The Process for Filing a PI Claim Which Includes Pain and Suffering
Every state has a statute of limitations in force which is typically 3 years if the claim is against a private business or organization. If your PI claim misses the deadline then you may no longer be eligible.
Your PI attorney will formulate a demand letter which will be sent to the company asking for its insurer to pay the PI settlement. The demand letter will include facts about the accident, why the driver was negligent and the damages you have suffered in an accident that wasn’t your fault.
This will include an amount for pain and suffering as well. Often the insurer will pay the claim without asking any further questions. But if the PI claim is refused your attorney will file a lawsuit on your behalf in court.
Why You Need a PI Lawyer
Some plaintiffs think that the process for a PI claim is simple so why hire an attorney. The reason an attorney plays an important role in a PI claim is because the insurer takes the attorney seriously.
If you were to try to win thousands of dollars on your own you could end up with the insurer offering you a token amount well below your financial hardship. Fill out the Free Case Evaluation on this page to get connected 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 UPS, or any other party, you may not be entitled to any compensation.
