pain and suffering

How Pain and Suffering Is Determined in a Personal Injury Case

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Following a major accident, particularly a car accident, it’s likely that you’re going through a great deal of pain and suffering—both the physical pain related to your immediate injuries and the mental anguish that often results from a traumatic event. The best way to deal with this pain is by getting the proper settlement from your insurance company. However, many people are unsure exactly how an insurance company determines pain and suffering, which can make it difficult to ask for exactly what you need. Find out how insurance companies will determine the value of your pain and suffering, and discover why you might have to file a personal injury case.

Damages You Can Get for Pain and Suffering

The two types of suffering you may seek compensation for following your injury are physical and mental. Although these two types of pain are very different, they both fall under the category of general damages. Because physical pain is much more visible, thus more easily provable, it is much easier to receive general damages for your physical pain. Mental pain, however, is much harder to prove and many times is not acknowledged by insurance companies. Unfortunately, there is no set procedure for insurance companies determining the value of your pain and suffering, which can make it difficult to get the type of settlement you need.

Determining Your Pain and Suffering

The biggest factor in whether or not your insurance company compensates you for your pain and suffering will be a manner of proof. If you waited a substantial amount of time before seeking any medical or psychiatric treatment following your accident, then the insurance company may view your pain and suffering as inconsequential, as you did not seek to address it immediately. Seeking treatment as soon as possible will go a long way towards proving the extent of your suffering, and will expedite the process of getting your settlement. Additionally, you may provide your insurance company with witness statements as to the severity of your suffering, which can help prove your case.

Present Your Most Concrete Information

As in any legal proceeding, the most important factor is documentation. Providing your insurance company with the right documentation is one of the best things you can do to prove your pain and suffering and get the payout that you deserve. Although you could choose to document your suffering in any number of ways, the most concrete evidence that will speak strongly in your favor are medical records, medical bills and photographic or video evidence of your injuries. Before you petition your insurance company for compensation, you should be diligent in gathering your best documentation.

Get Help for Your Personal Injury Case

Proving pain and suffering after an accident can be extremely difficult, especially when you’re trying to do it on your own. The insurance company will be very reluctant to pay you the type of settlement you deserve, which is why you need legal help. To find a lawyer to help with your personal injury case, you need to visit the McMahan Law Firm. The McMahan Law Firm’s experienced legal team will help you with every aspect of your personal injury case, from petitioning your insurance company to proving pain and suffering. Schedule a consultation today so that we can start working to get you your deserved compensation.

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