The short answer is yes, usually and for most US states. Insurance companies are forced to operate in the shadow of the law, and what a court would rule. If jurisdictions in your area have case law that supports the facts of your case, you may be able to recover financial compensation.
Many people who are getting involved with pursuing their rights in the legal system for the first time are unsure of how to approach pain and suffering. People do not want to appear greedy and often underestimate their pain and suffering claims. If you are concerned about questions like, “Do insurance companies pay for pain and suffering?”, it will be helpful to know that juries are instructed to award claims based on unique factors that often do include pain and suffering.
While courts do not always refer to this by this same name, pain and suffering is not a category of damages you can expect to receive if you do not request it in court.
Additionally, it is necessary to back up your request with evidence. According to the American Bar Association, a person’s damages may include permanent scarring, disfigurement, or disability. Courts help juries understand the context historically for a person’s suffering and can help the damage amount make sense based on past standards.
Possible Compensation You May Receive for Damages After a Car Accident
While pain and suffering is an important category for settlements, there are other major factors that go into setting the context for how much you can expect to receive in damages. These include:
- Past medical bills
- Outstanding medical invoices
- Mechanic shop costs
- Junkyard fees and vehicle replacement costs where applicable
- Missed work or earnings
- Lowered potential to make the same income
Above, these are referred to by courts as non-economic damages; these damages are used to calculate what your pain and suffering starts at. Sometimes, courts will start with this figure and then multiply it by a factor that they assign to your relative pain and suffering.
Pain and suffering being more subjective, there is a small but definite number of ways to document these damages for courts. Documentation of pain and suffering is what can separate your case from other frivolous ones. Evidence documenting permanent injuries, disfigurement, chronic pain, or disability all call for an increased amount of pain and suffering.
Written records from medical doctors are an important first step for a pain and suffering claim. Even once you have these records, it can be a challenge to keep such crucial information organized.
For a free legal consultation, call (312) 598-0739
Help for Mental Health Issues
Therapists can also help diagnose and treat any mental health issues you may be having. If you are having different thought patterns after a serious accident, it could be a sign that you have a latent concussion or are experiencing post-traumatic stress disorder (PTSD). These are serious conditions that require follow-up medical attention from a professional.
Whatever the diagnosis and prognosis are, they need to be translated for the court so that a jury of your peers can understand what it means in simple terms. Our personal injury attorneys break this down for the insurance agents and jury, and help you tell your story clearly and accurately as well.
The Personal Injury Claim Negotiation Process
Whether insurance companies pay for pain and suffering depends on whether you can successfully negotiate it with them and justify the expense to them.
Insurance adjusters do not start with their best offer. Their job is to give you opportunities to take a low offer and be satisfied with getting some or any cash quickly in your hand. Especially if you do not retain an attorney or bring that same level of professionalism to the negotiating table. Negotiating with insurance agents about pain and suffering can be daunting, but it helps the more you have things written out and documented, such as:
- A journal or diary
- Character witnesses or testimonies of witnessing your pain
- Photographs that corroborate what you went through
- Photographs depicting any physical trauma
- Photos of scars and any permanent damage
Having such documentation, as well as medical records supporting your claims, help justify your claim in seeking damages for pain and suffering.
Contact the Office of a Car Accident Attorney Today to Learn More
At this point, some people may still be asking “Do insurance companies pay for pain and suffering?” To speak further on this topic we recommend contacting The Kryder Law Group, LLC, where you can get helpful information tailored to the facts of your case.
We offer free consultations where we can answer all your legal questions and provide you with a case evaluation. To get started pursuing your rights with our legal team, call us today at (312) 223-1700.