Pain And Suffering: What It Is And How You Can Be Eligible

27 May 2015
 Categories: Law, Blog


After being injured in an automobile accident in which you were not at fault, you will working with the at-fault driver's insurance company to determine how you will be compensated. You may already be aware that your medical expenses, lost wages, vehicle damage and personal property damage will be compensated, but what about pain and suffering?

Pain and suffering is the physical and emotional distress you are enduring as a result of the accident. Being injured has no doubt affected you in several ways, many of which cannot be seen on an x-ray.  Every way that your life is different now should be taken into consideration. Depression, insomnia, anxiety and many other emotional disorders can occur after being in an accident and, depending on how extensive your physical injuries are, can linger on for months, years or even for the rest of your life.

You should take careful stock of the emotional outcome of the accident to know how to be fairly compensated for your pain and suffering.  Insurance companies have a variety of methods and calculators to determine how much to offer you. Some of the factors that will be taken into account include

  • How serious your injury was.
  • Whether or not you were partially at fault for the accident.
  • How long you are expected to be affected by the accident.
  • The amount awarded in cases similar to your case.

It is not enough to simply allege pain and suffering, however; you must be ready to prove it. The following methods will assist you in documenting your emotional symptoms for the insurance company:

  • Begin keeping a journal as soon as possible after the accident and don't neglect to include the emotional problems you may be experiencing.
  • Ask your family or friends to take photographs of you trying to cope with your injuries. For example, get a photo of you undergoing a painful medical procedure or you at a family gathering but unable to participate due to being tired or depressed.
  • Make sure to seek help from a mental health professional and have proof of your treatment, such as receipts and paperwork from the therapist.

You have a right to be fairly compensated for your pain and suffering as a result of this accident. If, after reading the above information, you feel that you need the help of a personal injury lawyer to assist you in making your letter of demand to the insurance company, do not delay in seeking assistance. Contact a professional such as Joseph L Attorney Lucchesi for more information.