Personal Injury and Pain and Suffering Compensation

The compensation that a personal injury claim covers is mostly for the physical and financial damages. However, if the injury or damages are substantial enough, pain and suffering can also be added on the compensation. Pain and suffering can be difficult to compute, and generally insurance companies use two basic guides to measure the degree of pain and suffering: the type injury and the nature of the needed medical treatment. In order to have a strong injury claim, the Hankey Law Office offers some pointers that you can raise with the insurance company and how you can properly document the damages for evidence.

First, being prescribed medication to help handle the pain, inflammation or other symptoms would prove that the injuries were severe enough to warrant prescriptions. This may not provide a precise measure, as some doctors are quick to prescribe medications than others. However, it is still considered. The strength and duration of the medication can mean bigger settlement. Because insurance companies are looking for evidence that the injury was indeed serious and painful, prescription medications will provide that need.

The other factor would be the length needed for rehabilitation; the longer the injury needs to recover, the bigger the amount given for pain and suffering. This can be proven through the medical records made by your doctor, especially when he or she has made a notation of the length of expected recovery for the injuries or advising you to avoid certain activities. It is important to document your progress through regular doctor visits and taking your medication because many insurance adjusters may disregard your claim for pain and suffering if you failed to report to your doctor of your distress and discomfort.

Providing evidence is all up to you. There are many ways that you can prove your pain and suffering and the most important thing is to take charge of detailing them. Aside from medical records, make a diary or log of your everyday experience after the accident – the discomfort, nausea, lack of focus, headaches, etc. – in order to help explain the extent of your pain and suffering and likewise to help you deal with these problems.

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