When you’ve been in a car accident, your entire life changes in an instant. Beyond the medical bills and the physical injuries that have cost you your ability to work and earn money, you’re dealing with genuine physical pain and mental trauma, known more commonly as “pain and suffering.”
If you were injured in an accident that was caused by another person, you have the right to seek financial compensation for your injuries, including pain and suffering.
While you prepare to fight for your fair settlement with your trustworthy car accident lawyer, it can be helpful to know what type of compensation you may receive. Keep reading to learn how pain and suffering is valued after a car accident in Indianapolis, and how an experienced auto accident attorney like Attorney Ken Nunn can help you determine what your case is worth.
What Is Pain and Suffering?
“Pain and suffering” is legal shorthand for the physical discomfort and emotional distress you face after a car accident. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury. It can also involve your inability to live life as you did before, also known as diminished quality of life. This includes stress, anxiety, loss of comfort and relationships, and loss of your ability to enjoy life. Just about every case a car accident attorney sees involves some level of pain and suffering.
How Is Pain and Suffering Valued?
Each car accident case is unique, and there is no direct formula that can determine how much you may receive for your pain and suffering. Since the emotional losses you have faced are unique to you, the settlement amount will differ on a case-to-case basis. The following list are a few factors that insurance companies use to evaluate a pain and suffering claim:
- Medical Bill Mix – Diagnostic bills are given less weight than treatment related bills.
- Nature of Injury – Long lasting? Painful? Limiting?
- Duration of Treatment
- Nature of Treatment – Painful? Soothing (i.e. massage)?
- Permanent Injury – These injuries obviously warrant larger settlements depending on their seriousness and effect.
- Lifestyle – If the injury affects the injured person’s ability to enjoy their previous lifestyle, a larger settlement may be warranted.
- Scarring – The insurance company will want to inspect and photograph the scar. They will consider the visual impact of the scar and its location.
Insurance companies will also look at how competent your attorney is before presenting a settlement for your case. If you have hired an attorney that is known for winning big jury verdicts, the insurance company will offer more to settle the claim outside the courtroom. That’s why it is so important to contact an experienced car accident lawyer like Attorney Ken Nunn, so we can evaluate your unique situation and help fight for what you’re legally owed.
Settling Your Case
It’s important to remember that the insurance company will have its own method of valuing your pain and suffering, and it will usually result in a far lower figure than you deserve. Whenever you are making a claim for pain and suffering, you should go through the list above and decide how each of the factors applies to your claim. This is the step the insurance adjuster will take when deciding on the value they will place on your claim. From there, your vehicle accident lawyer will determine which factors to use in your case to negotiate the best possible compensation for pain and suffering. The Kenn Nunn Law Office will advise you of the offers the insurance company is making and give you our expert opinions.
Attorney Ken Nunn Is Here for You
If you need a car accident law firm, The Ken Nunn Law Office is here to fight for you. Attorney Ken Nunn has collected over $900 million for his clients since 1967, so you can rest assured that we will put that experience to good use for you. He will fight for you every step of the way. All you have to do is call us at 1-800-CALL-KEN for a free case review today or fill out our form online to get started.