“Pain and suffering” is a term you’ve probably heard, but it can be very difficult to define, especially in personal injury cases. Legally, it’s often called “compensatory damages.” Everyone has a different tolerance for physical pain that can sometimes be measured and sometimes cannot. Even if two people had the exact same injuries, they may recover different amounts in compensation due to the individual’s tolerance and the effect of the pain on his or her lifestyle.
So, how do insurance companies determine the value of your case? They use a tool called Colossus to come up with settlement offers. The amount depends on:
Pain and Suffering
The first three are amounts that are cut and dry. They come from medical bills and professional opinions that do not allow for argument. But, pain and suffering is a very subjective matter and can be hard to put a number on. This is where an experienced lawyer with an expertise in personal injury can dramatically increase the value of your case.
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There are a few baselines that give a general sense of pain and suffering such as: the type of injury, the length of treatment, strength of medication, the length of recovery, and scarring. But these can only say so much. As experienced motorcycle accident attorneys, and motorcyclists ourselves, we understand what it means to be in a motorcycle accident. When we speak to insurance companies, we know how to highlight the total effects of what you have gone through. We understand the impact that an accident can have on your life, and we know how to express this to the insurance companies in a way that significantly increases the value of your case.
For example, we know how to deal with road rash. We know that road rash makes every movement painful and that it causes a great deal of embarrassment and self-consciousness. Just because no bones broke does not mean that you are not in pain and that the injury doesn’t affect your daily life. Nobody wants to walk around and be stared at all day because of big scars and raised, red skin, or grimace with each step and stretch of skin. All of these factor into the amount you receive for the pain and suffering part of your claim. And you need a lawyer who understands and can highlight the true depth of the pain to insurance companies, so you can receive the most compensation possible for your accident. Call the lawyers at Kass & Moses if you have any questions or need a free consultation.