A car accident pain and suffering settlement is a more subjective type of settlement than paying for damages to the vehicle, medical expenses or even replacing damaged personal property. In states where no-fault insurance exists, pain and suffering is not compensated, however in all other states it is factored into the settlement amount.
How Are Car Accident Pain and Suffering Settlements Calculated?
The insurance investigator will collect all the hard data on your case. This includes your medical bills, prescriptions, specialist's bills, chiropractor bills or other types of documented expenses. This can also include lost work or wages as well as vehicle repairs and other property damages. This is all totaled to provide your actual damages.
The investigator will then also review your medical records and will have information on what the company typically pays for the type of short and long term injuries verified in your medical records. Ongoing health issues that they deem not related to the accident or not sufficiently documented will be denied or not covered in the settlement offer.
Long Term Injury Severity
The more significant, debilitating or serious the long term injury is in provable terms the higher the amount offered for pain and suffering will be. Pain and suffering is paid out in one lump sum with the settlement, so it is important to have medical documentation and information on the average costs of long term care and rehabilitation for your specific injury. In cases of soft tissue damage which can include whiplash and back pain, long term injury compensation may be low, while in cases of paralysis or other serious physical issues it is much higher.
Liability Issues
In all but the no-fault insurance states the amount of liability you have in the accident can also negatively impact your car accident pain and suffering settlement. In some states if you are found more at fault than the other driver there may be no option to claim at all, while lesser amounts of liability will simply decrease the settlement amount proportionately.
Talk to an Attorney
The insurance company is going to offer the lowest possible rate for pain and suffering. Without experienced and knowledgeable legal representation that is aware of what awards are typically given in lawsuits like yours that go to court you may get far less than you deserve. In addition your attorney can help you in successfully negotiating your claim with the insurance company, possibility preventing the additional time and stress in having to go to court.
