Should your car insurance claim include pain and suffering?

For the most part, the victim’s ‘pain and suffering’ is considered when assessing an insurance claim. The process is similar in lawsuits as well. It would be prudent to be aware of what is the possible compensation for pain and suffering compensation and how much could you can negotiate for in a personal injury lawsuit or insurance settlement.

What are ‘damages’ in a car accident?

 Halifax, NC accident lawyers say there are two types of damages that individuals can claim. This includes economic damages or ‘special’ damages as well as non-economic or ‘general’ damages.

Your medical bills, the cost of repairs or replacement of your vehicle, and loss of income, fall under the purview of economic damages along with other losses that can be easily calculated. However, non-economic damages are difficult to assess and assign a dollar value.

North Carolina accident attorneys reiterate that pain and suffering is included in non-economic damages. Physical pain and associated discomfort from effects of medicine and treatment are considered while assessing pain and suffering. In addition, emotional distress, frustration, worry, anxiety, and depression, which have an adverse impact on victims following an accident, are also considered.

Is compensation for pain and suffering justified?

Legal representatives argue that compensation for pain and suffering is justified if you or the other driver is clearly at fault. In many minor accidents even the insurance company of the at-fault driver will offer a small amount to compensate your pain but not as much compared to if you had a Halifax, NC accident lawyer by your side arguing on your behalf. That same amount might even be offered to other passengers who may have been in your vehicle. This is actually recognition by the insurer that you must receive something for the pain and suffering.

How much compensation is proper?

There are several factors that come into play when an amount is calculated to compensate you. These include:

• The extent of your physical and mental trauma.
• The quantum or amount of discomfort and pain usually associated with typical injuries.
• The trauma associated with the accident and how it affects your general quality of life, your inability to perform in a sport or a hobby or the psychological impact on your relationship.
• The scope and nature of medical treatment which became necessary after the injuries.
• The amount of recovery time.
• If long term pain management medication is essential as an aftermath of the trauma.

What are methods applied to calculate the compensation?

Accident lawyers and insurance companies try to attach a value to pain and suffering before they commence negotiations. The per diem method fixes a dollar amount on the pain that you had to live through every day until recovery. On the other hand, they may use the multiplier method, which are multiples of your lost income and your medical bill damages.

The more you make the more you should receive. This is just based on simple logic. This is because your time is more valuable than others and you should be paid accordingly. If you hit Mike Trout for instance, and force him to miss some of the baseball season, your insurance company will have to pay much more than if you just hit someone who makes a normal wage and they miss some time at work.  

Negotiating with insurance companies

One of the major tasks of Halifax accident lawyers (http://accident.usattorneys.com/north-carolina/) is to negotiate on behalf of their clients to acquire an appealing deal from the insurer. Serious injuries undoubtedly add value to your claim and in such a situation the insurance provider may resist your demands. But you can take them to a mediator where they most likely will have to pay you more for your physical setbacks and financial ones too. 

Every human being should  be able to comprehend what pain and suffering is. Not too many people have never been injured before. But this does not mean that the insurance company is not going to try to low ball you in the negotiations. This is where Halifax, North Carolina lawyers step into the picture. You can find them right here: http://accident.usattorneys.com/north-carolina/. This cutting edge digital tool has been blowing up the Internet universe and helping out people since its inception. 

If it is a minor injury you could negotiate without a lawyer for a modest amount. However, if you are a victim of a severe trauma then you will need a lawyer to supervise the negotiations since there are many complicated factors that will determine the amount of compensation you deserve for pain and suffering. Legal professionals can not only steer the jury in your favor but will go the extra mile make sure you receive adequate compensation that you rightly deserve.