Do You Need an Attorney if You Believe You Have Experienced Pain and Suffering?

If you have had an accident and been injured and it’s not your fault you may be able to claim personal injury (PI) compensation from the person who caused your accident. A PI claim is typically available to cover the financial hardship experienced when you are unable to work and have medical bills to pay. You may also be able to claim out of pocket expenses for the pain and suffering you have had to endure due to an injury that wasn’t your fault. You may need a PI attorney to get the pain and suffering payment that you deserve.

What is Pain and Suffering?

When it comes to a PI claim, pain and suffering is typically the emotional and physical stress caused by the effect of the accident. For example, if you as a driver were burned severely in an auto accident you may be able to recover compensation for the pain caused by the burn itself and any limits that are imposed on your day to day activities due to the injury. If you were permanently scarred you may be entitled to recover compensation for the emotional stress this has caused and is likely to do for rest of your life.

How to Claim Pain and Suffering

Most states when it comes to a PI claim require that the at fault driver pay compensation to the victim. However, there are a few states, 12 altogether, that follow the no fault insurance policy which means you can’t make a PI claim for pain and suffering unless the cost of your medical treatment exceeds the state’s threshold. Also some states only allow a payment for pain and suffering if the injury is considered serious. For the remainder of the states you can submit a PI claim which includes pain and suffering. The compensation is paid typically by the at fault driver’s insurer.

A Lawyer Explains What the Term 'Pain and Suffering' Mean

How to Calculate Pain and Suffering

How this is calculated will depend on the severity of the injuries. If you break a leg you will be entitled to a greater amount than if you just suffered from bruising. What the insurance company is likely to do is multiply the value of your medical bills by a number between 1 and 5 to get the amount that will be paid for pain and suffering. If the injury is permanent so it will bring about permanent suffering the multiplier will be higher. You can include your estimated amount in the demand letter you compile for your PI claim. You should ensure you have a PI attorney working on your behalf when making a PI claim.

Why You Will Need a PI Attorney

It’s likely that if you are pursuing a PI claim your injuries are serious and your medical costs are high. It’s important to you to get the payment you have asked for pain and suffering. Insurers are not easy to negotiate with and tend to draw out the claim for as long as possible in the hope you give up. You are entitled by law in most states to PI compensation unless you are in a no-fault state, so by seeking help from an experienced PI attorney you are more likely to get the full amount for pain and suffering that you have requested.

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