When insurance companies pay out for pain and suffering, they have to do some calculations. There’s no specific number tied to it after all, like there could be with a medical bill or an estimate for car repairs. However, you should know that insurance companies do their best to minimize how much they pay out after accidents. Sometimes you need to fight for fair compensation, and a Monmouth County premises liability lawyer may be able to help you with that.
Do I Need to Sue to Get Compensation for Pain and Suffering?
Yes, because even in situations where you can use your own insurance you will not be given compensation for pain and suffering. Let’s use a car accident as an example. If you get injured, your own insurance might help you pay for medical bills. Your insurer will not award damages for pain and suffering.
To get this kind of compensation, you need to make a third-party injury claim. This means suing the party responsible for your injuries and getting money from their insurance policy.
What Factors Are Considered When Calculating Pain and Suffering?
When an insurance company tries to calculate pain and suffering, they can look elements like:
- How severe your injuries were
- How long your recovery might be
- How difficult your recovery could be
- Whether or not you will have permanent issues due to your injuries
Then they assign a number between 1.5 and 5 to be the “multiplier” for your damages. The worse your situation looks, the higher the number you will get. This number will be multiplied by your medical expenses to figure out how much you should be compensated for your pain and suffering.
So if you have $10,000 in bills and you have a tough recovery ahead of you, maybe the insurance adjuster uses 4 as your multiplier. Then you would be offered $40,000 for your pain and suffering, in addition to any other compensation you are receiving.
Should I Keep a Journal After My Accident?
One thing we suggest to our clients is that they keep a journal detailing their recovery and how they feel from day to day. These types of records can do a lot to bolster your case when you are suing over pain and suffering. It’s one thing to have a general idea of how someone felt after an accident. It’s another to be able to easily refer to specific details about particular days, symptoms, or difficulties faced.
How Long Do I Have to Pursue Damages?
You have two years to make a claim and sue a negligent party in New Jersey. If you wait any longer than that, it does not matter how solid your case is or how much evidence you have. It’s going to get thrown out in court.
Reach Out To Our Legal Team
If you want to sue for pain and suffering, it’s in your best interest to act quickly. Contact Falcon Law Firm and schedule a consultation today. Our lawyers can help you start building your case right away.