You are here

Can I File for Pain and Suffering if Hit by a USPS* Truck?

USPS trucks are out on the road delivering packages and letters at least Monday to Saturday and are pushed to cover their area as quickly as possible. If you are out on the road and a USPS driver has momentarily lost control of his or her vehicle a nasty accident could happen.

You may have been seriously injured. If your injuries are serious enough you may be able to file a personal injury compensation claim to cover the financial hardship you are suffering because of an accident that wasn’t your fault. If you believe you have a good case because you know the driver was driving in a negligent manner, there are a number of parts you may be able to include in your claim such as pain and suffering.

What Are The Parts of a PI Claim?

Some of the parts of a PI claim are obvious such as:

  • damage to your vehicle;
  • cost of medical treatment now and into the future;
  • loss of earnings now and into the future.

Others are less easy to calculate and they are:

  • pain and suffering;
  • punitive damages.

Can I File for Pain and Suffering if Hit by a USPS* Truck?

Calculating Pain and Suffering in an Accident with a USPS driver

There is a method used to calculate pain and suffering which relates to how much you have paid on medical treatment. The assumption being the more you pay the more you suffer.

A PI attorney will add up your medical bills and if your treatment is not over yet he or she will add an estimate of what you are likely to pay. This figure is multiplied by 3. From this you get the lump sum calculation for pain and suffering.

This is added to your PI claim along with loss of earnings and your medical treatment costs. Sometimes, punitive damages can be claimed which is when the driver’s deliberate negligence caused the accident.

The Process for Filing a PI Claim Which Includes Pain and Suffering

All states have a statute of limitations in force and it’s typically less at 2 years when a state owned enterprise like USPS is involved. Your PI attorney will file a claim with USPS and the agency is given 6 months to respond.

Many PI claims against USPS are routinely rejected so it’s important to have a PI attorney on your side to file a claim on your behalf. He or she will calculate your pain and suffering by adding up the cost of your medical treatment up to now and into the future and probably multiplying the figure by 3. It could be anywhere between 1 and 5 depending on the severity of your injuries. Added to that is your loss in earnings up to now and into the future and your medical treatment costs.

Why You Need a PI Lawyer

It’s important to have a PI attorney representing you, as insurers are quick to reject a claim if no attorney is present. Your attorney will not only include a reliable assessment of your pain and suffering but she or he will also include enough evidence to prove the USPS driver was negligent and that’s why the accident took place.

If this happens you will probably find the insurer is less likely to accept your settlement request and may offer you a token amount. It’s important for your financial security that a PI attorney works on your behalf to get the settlement including pain and suffering that you deserve. Complete the Free Case Evaluation on this page today!

*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the USPS, or any other party, you may not be entitled to any compensation.

Additional Resources

Call Now For a Free Case Evaluation: 844-650-3888