How to get pain and suffering in your injury case

Posted by Leslie M. Stovall, Esq. | Aug 22, 2019 | 0 Comments

How to get pain and suffering in your injury case

Outside of  measurable losses (medical bills, and lost wages) a victim of an accident that was caused by another person can recover money for "pain and suffering" . Since pain and suffering is sometimes vague or hard to really explain in terms of an exact dollar figure, it is very important that you convince an adjuster that you are entitled to top dollar for your pain and suffering. Most insurance adjusters usually do not agree with the amount the victim asks to be paid as compensation for pain and suffering. In this post, we will discuss some tips that will help you negotiate pain and suffering in an injury claim.

Prepare well

Keep everything organized, well documented, and readily accessible. The better prepared you are to allow your attorney negotiate pain and suffering for you, the better your chances of winning at negotiation.

Learn about pain and suffering

Educate yourself about what pain and suffering is and what it is not.  The basic thing to keep in mind is that pain and suffering is essentially a measure of how  accident injuries have caused you to suffer in your daily life since the accident, and remember, it includes psychological and emptional suffering as well.

Explain how the injury affected your life

Talk about things such as sheer terror of the accident, the helplessness you felt, the things you had to miss out on due to the accident, and the fear of death it bought. Explain to the adjuster how these feelings affected you at the time of the accident, and how will affect your life forever.

Do not be shy

 Do not be shy, and just remember that there are thousands of dollars at stake. Don't feel too embarrassed to disclose personal information that may be gruesome, and somewhat embarrassing like missing out on sex or not being able to control when you have to go to the bathroom. If these problems arose due to an accident that was not your fault, someone should pay for your unintended life changes.

Tell the insurance adjuster how painful the whole experience was

Discuss everything in excruciating detail, right from the initial impact to the time you spent waiting for the emergency services to arrive. Talk about the unique circumstances of your crash, and how painful it was. Every detail matters.

Explain how painful the treatment was

Talk to your lawyer about both the immediate medical treatment and the recovery period thereafter. Explain the enduring setting of the bones after the accident, and the pain you suffered when you lay in the hospital bed for a long time. Talk about how many times you cried due to the pain, both physical and mental. These details are very important to your case.

Explain Before and after

Talk to your lawyer about how the accident changed your life forever, and how you will never will be able to enjoy the things you earlier could. Be very detailed in how your life was before the accident and after.

To discuss an accident you have sustained in more detail, we invite you to come to our office for a free consultation. Call 702-258-3034 today!

About the Author

Leslie M. Stovall, Esq.

Profile Leslie Mark Stovall, owner and founder of Stovall & Associates, has practiced law for over 23 years in Las Vegas, Nevada. Mr. Stovall established his Las Vegas office in 1987 and opened an office in Pahrump, Nevada in November 2008. His clients include individuals, corporations, partn...


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