How do you prove pain and suffering?
In fact, it is not so difficult to prove ache and suffering with all the necessary documents with you. With a high degree of probability, these documents may be asked by the court to prove the guilt of the other party. And so this list of documents includes:
1. All possible medical documents. These can be documents: about medical expenses, medical forecasts, etc.
2. Expert opinion
3. All kinds of photographs of your traumas. Consider even minor injuries at first glance.
4. Psychiatric records
Since pain and suffering under the law are non-economic losses – your lawyer may resort to consultations with different experts (doctors, economists) in order to determine the exact amount of indemnification for you.
Ditto if your trauma is so serious. what interferes with your daily lifestyle – this allows you to further increase the reimbursement? For example, this amount of compensation should include the loss of wages due to the received tram.
There is no need to delay filing a claim, as every state has a statute of limitations for filing a claim, after which you will permanently lose the opportunity to receive indemnification for the damage caused. The approximate time period for my life is 2 years after the mishap.
How assurance companies determine pain and suffering?
In determining pain and suffering, an assurance agency uses a variety of factors to determine the severity and amount of indemnification it will charge to the insurer.
One of the most important factors in the calculation is the severity of the injury sustained when the event is insured. It is from this main factor that the chain of consequences comes. First, it is the cost of treatment or its duration. There are times when an injured person needs urgent medical operation, which significantly increases the amount of reimbursement for pain and suffering.
Also, long-term treatment after an injury can strike a blow to the usual daily routine, which can tell on a person’s ability to work and his wages. All these factors, in turn, can affect the mental state of the victim, which can also be calculated when determining pain and suffering.
As you already mentioned above, the definition of pain and suffering is a laborious detailed calculation, as well as an analysis of all factors of each individual case individually from its specifics. But you need to be careful and check whether the amount taken out covers the indemnification of the assurance company for your damage, for this you better consult an advocate to accurately calculate the amount of damage on your part.
How much do insurance companies’ payout for pain and suffering?
It is impossible to name the exact amount of reimbursement that the assurance agency can pay for pain and suffering. It all depends on a gigantic number of factors that are selected for each individual case. The assurance company most often does not use any algorithm or calculator to calculate the amount of damage and compensate for it.
A detailed investigation of the insured event is carried out, during which even the most insignificant details are taken into account, in the calculation more than 70 factors can be used that affect the amount of indemnification. Of course, quite often the assurance firm tries to reduce the amount of payments for an insured event as much as possible.
If you believe that the reimbursement was considered unfair to you, you can file a lawsuit to review the amount of indemnification or go to direct negotiations with the assurance company to resolve the issue outside the courtroom. It is advisable to conduct these processes in the presence of an advocate who will be able to confidently feel himself in the face and the trial without giving up your positions.