- May 7, 2023
- Strong Law
- Car Accidents
Negotiating a fair pain and suffering settlement is crucial for obtaining a just resolution after a car accident. This type of compensation holds significant weight in car accident claims that involve legal representation. Successfully securing adequate compensation for pain and suffering necessitates skillful negotiation with the insurance company. Fortunately, an experienced car accident attorney can guide you through the intricacies of your claim, ensuring an equitable settlement. In the following discussion, we will delve into how a knowledgeable car accident attorney can assist you in attaining a just and reasonable pain and suffering settlement.
Evaluating Your Case with Your Attorney
To secure a fair settlement for pain and suffering, it is crucial to accurately assess the value of your claim. Understanding the worth of your case is the initial step in preparing to negotiate. By carefully evaluating your claim, you can determine a realistic valuation for your pain and suffering and effectively pursue a just settlement.
Several factors contribute to the evaluation of your claim and the assessment of your pain and suffering. The severity of your injuries and the associated pain are pivotal in determining the value of the pain and suffering component of your claim. Injuries that are severe or permanent generally warrant a higher value for pain and suffering compared to injuries that may heal within a few days or weeks.
Aside from the severity of your injuries, there are additional factors to consider when assessing the value of your pain and suffering claim. If the other party is clearly responsible, you have the right to seek a higher compensation compared to cases where there may be questions regarding comparative negligence or meeting the burden of proof. Furthermore, the likelihood of your recovery from the injuries can also influence the evaluation of your pain and suffering claim.
Your Attorney Can Build a Strong Case on Your Behalf
Once you have determined the approximate value of your pain and suffering claim, your car accident attorney will proceed to construct your case. Collaborating with expert witnesses, you can establish documented evidence of the probable pain associated with your injuries. Additionally, an expert can provide insights into the permanence of your injuries and your chances of recovery. Even maintaining a personal pain journal can serve as a testament to your suffering. By diligently assisting you in assembling the evidence for your case, your attorney sends a clear message to the opposing party that you are committed to pursuing a fair settlement and will not waver until you receive just compensation for your pain and suffering.
Your Attorney Makes Your Argument for Your Case
After gathering substantial evidence of your pain and suffering, the next step is for your attorney to initiate negotiations with the opposing party. Your attorney employs various strategies to engage in these negotiations. They may draft a persuasive demand letter on your behalf or communicate through phone calls or emails. With a deep understanding of the optimal timing to share information and the most compelling arguments, your attorney ensures the effectiveness of these negotiations.
The attorney can effectively communicate the strength of your case to the opposing party, emphasizing the mutual benefit of a fair settlement without resorting to a trial. Additionally, your attorney assists you in carefully evaluating the response from the other side, enabling a clear understanding of their case strategy and empowering you to effectively proceed with your claim.
They provide valuable guidance on whether to accept a settlement offer.
Successfully negotiating a just settlement for pain and suffering requires the ability to discern when to accept an offer and when to pursue the case further. Entrusting an experienced car accident attorney with the evaluation of the offer ensures reliable guidance on whether the settlement adequately reflects your pain and suffering.
What If You Talk to an Insurance Adjuster Yourself About Your Pain and Suffering?
Learn about pain and suffering
Gain knowledge about what constitutes pain and suffering and what does not. This will streamline the negotiation process, indicating to the adjuster that you comprehend both the claims and negotiation procedures. It is crucial to remember that pain and suffering essentially gauge the impact of car accident injuries on your well-being, encompassing psychological distress as well.
Keep your tone professional
Beware, the insurance adjuster is not your ally. Despite their pleasant and courteous demeanor, do not let your guard down. Avoid excessive confidence, harshness, or assumptions. Interact with them as you would with any other seasoned professional. Maintain clear communication to prevent any potential misunderstandings.
Explain how the injury affected your life
Discuss the intense terror of the crash, the overwhelming sense of helplessness, and the profound fear of death it brought. Elaborate to the adjuster on how these emotions impacted you during the collision and how they will continue to affect your life indefinitely.
Do not be shy
While humility and understatement are admirable qualities, they may not be advantageous when negotiating with an adjuster. Rather than being timid, it’s important to acknowledge the substantial financial implications that are at stake.
Tell the insurance adjuster how painful the whole experience was
Provide a thorough account, encompassing the initial impact and the subsequent wait for emergency services. Share the distinctive circumstances of the crash and convey the profound intensity of the pain endured.
Explain how painful the treatment was
Engage in a conversation with the adjuster regarding both the immediate medical treatment and the subsequent recovery period. Elucidate the lasting impact of the bone setting following the accident, as well as the anguish endured during the prolonged hospital stay.
Explore all sources of information
Websites and courthouse records provide valuable information regarding the compensation amounts awarded in similar cases. Conducting thorough research and examining jury verdicts in your state and local counties can offer useful insights. Additionally, it is important to gather the driving record of the insured individual associated with the adjuster.
Explain Before and after
Inform the adjuster that prior to the crash, you were free from any physical or psychological issues. Emphasize your active lifestyle and the fulfillment you experienced. However, express how the crash has irrevocably altered your life, preventing you from enjoying the activities you once cherished.
Contact Strong Law Today!
Have you been injured in a car accident? Contact our law offices today at any of our convenient locations to schedule a complimentary consultation.
Attorney Jed Strong
Jed Strong is the founder of Strong Law. He knows that accident injuries can be devastating to individuals and families, so he does everything in his power to ensure his clients recover every bit of compensation they deserve. Prior to representing accident victims, Jed worked for GEICO insurance company as one of its in-house attorneys – representing the insurance companies. After learning the inner workings of insurance companies, he quit and began representing accident victims. [ Attorney Bio ]
