After sustaining injuries from an accident with a commercial truck, you have to decide which damages to request compensation for in your insurance claim. Undoubtedly, pain and suffering will be included, but determining how much you should receive can be difficult. If you are in the process of calculating damages or have received an offer from the insurance company, here is what you need to know about the pain and suffering part of your claim.
How Is Compensation for Pain and Suffering Calculated?
Pain and suffering do not have monetary values that you can use in your calculations, which can make it difficult to determine just how much to ask for. Calculating what you are owed is further complicated because pain and suffering encompass far more than just the physical pain you experienced as a result of your injuries. Your emotional and mental distress are also factors.
Since it can be difficult to place a dollar amount on pain and suffering, some insurance companies evaluate the seriousness of the injuries experienced and the length of time it took to recover.
For instance, an injury that required extensive surgery and a recovery of several months might receive a higher offer than an injury that required little medical intervention and healed within a few weeks.
There is no set guideline for calculating pain and suffering. As a result, it is up to you and your attorney to determine what you think it is worth and prove to the insurance company you are owed that amount.
How Do You Prove Your Claim?
Just providing your medical records to the insurance company to consider is not enough when you are seeking compensation for pain and suffering. You have to impress upon the adjuster just how much you suffered and were impacted by the accident.
You need to thoroughly explain how your injuries impacted your daily living. It is not enough to state you were in pain. For instance, instead of stating that your injuries hurt, explain that simple tasks, such as brushing your hair or eating from an utensil, were difficult.
Describe the steps you had to take to get relief from the pain. If you had to take pain pills, rest, or use hot or cold pads to help with the pain, note that. You also need to explain how long it took for you to get relief.
There are other ways you can show the adjuster how you were impacted by the accident. Work with your truck-accident lawyer to build your case and get the compensation you are entitled to.
If you do not yet have a lawyer, contact a firm such as The Jaklitsch Law Group to start meeting with potential lawyers.