In almost all auto accident cases where an injured passenger or driver files a claim, they seek to recover damages for pain and suffering and out-of-pocket costs. These expenses, such as medical bills, are usually fairly easy to quantify. However, pain and suffering is harder to prove. Here, readers will learn more about pain and suffering in the context of a minor auto accident.
Pain and Suffering: What Is It?
A victim’s pain and suffering is the emotional and physical stress associated with the accident and its resulting injuries. For instance, if a person is burned in a car crash, they may recover for the pain caused by the burn, the treatment they endure, and the limits imposed on their lifestyle.
No-Fault Claim? No Pain and Suffering Damages
Most jurisdictions follow the fault-based system, where the person responsible for the accident is held liable for crash-related damages. However, some areas follow the no-fault system. Here, a driver cannot make a claim unless their medical costs exceed a certain threshold.
Determining the Value of Pain and Suffering
Because there are no firm guidelines on the calculation of pain and suffering, it’s easy to exaggerate the value of a claim. Typically, insurers look at the nature and severity of the injury. The more permanent and severe an injury is, the more damages a victim will receive. A Personal Injury Lawyer in Storrs CT will use his or her best judgment in estimating the value of a pain and suffering claim.
Is it Worthwhile to File a Claim?
Dealing with insurers is inconvenient, especially if it’s the other person’s insurance company, and litigation is expensive. Before pursuing an auto accident claim, a client should consider the severity of their injuries and the effort the claims process will require.
Seek Legal Counsel
Negotiating with an insurance company or their lawyers is time-consuming and frustrating. A Personal Injury Lawyer in Storrs CT knows the tactics insurers use, and they will use their knowledge of the law to achieve the highest settlement possible. Call Kahan Kerensky and Capossela LLP to schedule a consultation or visit the website for further details.