Negotiating Pain and Suffering in a Car Accident Lawsuit

By: JML Law | August 15, 2018.

It’s important to be confident and prepared for your court appearance in a car accident claim. Negotiating for pain and suffering damages can be tough. Adjusters are unlikely to pay for pain and suffering unless you convince them to.

There are no laws that say an adjuster has to pay these damages and there’s no guide that will suggest a fair compensation amount. Because of this, the adjuster often has the upper hand in negotiations, but by following the tips of our car accident attorney in Los Angeles, you can better qualify your emotional and physical distress and negotiate for more money.

Be Prepared

Get your evidence in place and get organized. Keep your documents together and make sure you can access them easily. The more prepared you are, the better your chances of obtaining compensation.

Educate Yourself

By learning what’s included in the concept of pain and suffering, you can better explain your situation to the adjuster. It shows him that you understand the claim process. In basic terms, pain and suffering is the measure of how much you’ve suffered from your injuries, both physically and psychologically.

Look up courthouse records and websites with information about compensation amounts in similar lawsuits. You can even look up past jury verdicts in local counties and the state of California for a better understanding of potential outcomes. Most importantly, make sure your car accident attorney in Los Angeles has access to the driving record of the insured party the adjuster represents, especially if they have a record of traffic tickets or accidents.

Speak Up

It doesn’t do you any good to be humble at this important juncture. Speak up for yourself and let the adjuster know what you’re going through. Remember, there’s a lot of money at stake.

Go Into Detail

Talk about the accident from the moment of initial impact to the arrival of the ambulance – every excruciating minute. Discuss the unique conditions that led to the crash and how painful everything was. After that, explain your medical treatment and time spent recovering. If you had broken bones, talk about how it felt to have them set, or how you suffered while you waited in your hospital bed to be attended to by a doctor.

Discuss How the Accident Impacted Your Life

Explain the emotional impact of the collision. Talk about the fear involved and how you felt helpless. Were you afraid for your life? Tell them that too. The adjuster needs to understand how you were psychologically affected by the crash, and how that impact reverberates into the future.

If you graduated from an active and fulfilling lifestyle before the crash to a pain filled existence, the adjuster needs to know. This collision forever changed your life, making it impossible to enjoy what you once took for granted. You should be compensated for that.

If a car crash left you gravely injured, contact a car accident attorney in Los Angeles at JML Law. We’ll negotiate for a bigger settlement that better fits the misfortune with which you’ve been bestowed and help you get on track to a better future.

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