If you have been injured in an automobile accident that wasn't your fault, you are entitled to compensation from the at-fault driver's insurance company. You may be able to collect medical expenses, lost wages and property damage as a result of your accident. Additionally, you may also be eligible for pain and suffering compensation. To find how how pain and suffering compensation is determined and to find out if you could be eligible, read on.
What is pain and suffering?
You may be dealing with a lot of pain from your injuries, and the emotional fallout from this pain can bring on a multitude of symptoms, such as depression, anxiety, insomnia and other mental disorders. You may not be able to view your pain and suffering on an x-ray, but it impacts both you and your loved ones' lives immeasurably. However, pain and suffering does have to be measured, for you to be compensated for it.
How much is your pain and suffering worth?
Only you can know with certainty how much you have suffered, and you must do a careful inventory of all the ways that the accident has impacted your life. The insurance company will look at the following factors to determine how much to offer you for pain and suffering:
- The seriousness of your injury.
- Whether or not you share some of the fault for the accident.
- An estimation of how long you may be affected by your injuries.
- How much has been recently awarded locally for verdicts in cases similar to your case.
How to prove pain and suffering.
You must be prepared to show how the accident has affected your mental health. The following can help you document your pain and suffering for the insurance company:
- Use a journal to document everything from the time of the accident. Make sure to pay attention to your emotional state on a daily basis.
- Seek counseling for your emotional issues and keep up with the records, such as paperwork and receipts from your appointments.
- Make a list of events, work, parties, vacations, etc that you were unable to fully enjoy due to your emotional issues.
You may need the assistance of a personal injury attorney like Tracy & Stilwell PC Attorneys At Law to help you get fairly compensated for your pain and suffering. Negotiating with insurance company adjusters may only add to your stress, so allow an attorney who is experienced in the claim process to get you the compensation you deserve.