Of all the expenses that you might have incurred as a result of a car accident, the special damages that you are the most likely to receive the greatest amount of compensation for are when you are negotiating for pain and suffering. There are no requirements that a claims adjuster settle for a specific amount related to pain and suffering. But there are ways to increase the amount that you will receive for pain and suffering.
Understand What Pain and Suffering Is
First, you need to know what is considered pain and suffering in the first place. Pain and suffering is a measurement of how much the injuries that you experienced as a result of the car accident have caused you to suffer.
Have Confidence and Know You are Within Your Rights
Legally, you are allowed to ask for compensation as a way to deter individuals and organizations from engaging in actions that would cause injuries. You will need to know this because you will need the confidence that comes from knowing that you are well within your rights to demand compensation. If you do not sound confident, the adjuster will be more likely to push you into settling for less than what you deserve. You will want to sound in control.
Explain the Pain
Tell the adjuster about how the injury has affected you on a personal level. Tell the adjuster about whether you have been able to work and how much pain you have experienced. Pain and suffering not only include physical pain, but also emotional trauma. Explain what you experienced after you were hit by the car and whether you feared for your life. If you’re still afraid of driving or if you are suffering from nightmares, be sure to tell the adjuster. If you have needed extensive medical treatment, explain how this has inconvenienced your life.
Use Graphic Details
Telling the adjuster that the accident was painful is not often enough to convey your experiences. However, if you explain that you could feel that your ribs were broken, this will help the adjuster visualize what the experience felt like. Also, if you were bleeding, explain from what parts of your body you were bleeding from and what this was like. This is not a time to be shy, and the adjuster will be used to hearing graphic descriptions. While this is not something you would normally tell a stranger, you must do so to get a settlement for pain and suffering.
If your adjuster refuses to negotiate with you for the amount you feel you’re entitled to, you may want to consider contacting a car accident attorney for help with your case.