After being injured in a car accident, you and your Accident Attorney in East Orange, NJ may be able to bring a personal injury claim against the responsible party. In personal injury cases, a portion of the settlement is for your pain and suffering. The term covers not only your physical pain, but depression, mental anguish and limits on your ability to perform normal activities. There is no way to put a monetary value on pain and suffering, therefore insurance companies are forced to estimate value as best they can.
Calculations for Pain and Suffering
Without a way to value a pain and suffering claim, insurers calculate settlements by multiplying accident-related monetary losses. The way these ‘multipliers’ are determined isn’t public knowledge, but more serious injuries generally use a larger multiplier, and different insurers use different formulas. Not all people experience injuries in the same way; one person may heal fairly quickly, while another person with the same injury can experience long-term complications and disability.
Negotiating a Settlement for Pain and Suffering
Because post-accident healing time varies from one person to another, it is vital that you do not settle your injury case too early. Taking the first settlement offer you receive can leave you with less money than you are entitled to. To get the settlement you deserve, do not settle your case until you have fully healed, and tell the claims adjuster how the injury has impacted your life. Let them know if:
You’re still in pain or unable to perform normal activities
You face long-term or permanent disability
Your family has suffered because of your injuries
If some of your accident-related injuries have resolved themselves, tell the adjuster how long the impact lasted. If it was months or even years before your life got back to normal, you should get a larger settlement than if the effects only lasted a few weeks. It is not legally required for insurers to make payments for pain and suffering, but most juries are willing to award them. If you need to get a fair pain and suffering settlement, an Accident Attorney in East Orange, NJ can help you make your case.
