Car Accidents - Calculate Pain And Suffering Settlement, Part 2


For more on what is car accident pain and suffering and what factors car accident lawyers and insurance adjusters include when they calculate pain and suffering settlement, see Car Accidents - Calculate Pain And Suffering Settlement.

How do you calculate car accident pain and suffering?

There are two ways to calculate car accident pain and suffering. The first way is to simply decide on a lump sum amount. If you have suffered a broken arm in an auto accident, you simply decide what you believe that you are entitled to and then demand that the insurance company pay you that amount.

The second way is to consider what it is worth to suffer an injury on a daily basis and then multiply that amount by the number of days that you have suffered the injury. For example, with a broken arm, you look at the pain that you suffer each day and what activities you cannot do on a daily basis and determine what the compensation should be for each day. Then multiply that figure by the number of days that you suffer the broken arm.

With either method, there is no way to calculate the precise amount to which you may be entitled. However, in many cases, car accident lawyers have a good idea as to what common injuries are worth. And the lawyers take into consideration the factors stated in Part 1 of this article.

How do you prove car accident pain and suffering?

You can claim pain and suffering from an auto accident, but unless you can prove it, an insurance company will not believe your claim. So, how do you prove it? You need to document it with car accident report(s), medical records, medical bills, prescriptions, loss wage statements, photos, and witness statements.

Car Accident Report(s): Car accident reports state what happened and describe the damage to the vehicles. It helps prove your injury when the damage to your car is consistent with your injury. For example, damage to the driver's side of your car may be consistent with a broken left arm, whereas, damage to the rear end of your car may not be consistent with a broken left arm.

Medical Records: Be sure that each and every injury that you suffer in a car accident is covered in a doctor's medical record. If you say that you hurt your left arm, but it is not mentioned in the doctor's report, no one, including the insurance company, will believe you.

Medical Bills: If you say that you had to have physical therapy for an injury, but there is not a medical bill for physical therapy, then, again, no one will believe you.

Prescriptions: If you claim that you were suffering pain after a car accident, it helps to have a copy of a prescription for pain medication.

Loss Wage Statement: If you say that you were so sore that you could not work for 2 days after the auto accident, get a loss wage statement from your employer showing that you did not work on those 2 days.

Photos: A picture is worth a thousand words. Don't just take pictures of your car, but also take pictures of all cuts, bruises, etc. that you suffered. If your arm is in a cast, take a picture of it. Take pictures of anything and everything that might show your injury.

Witness Statements: We normally think of witness statements for how a car accident occurred. However, if you have a witness that can testify as to what you could or couldn't do after a car accident, get a statement from that person. It always helps for you to have someone that can verify what you say about your injuries.

This is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state who has experience with car accident settlements.

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Learn More

Car Accident Settlements
(facts everybody ought to know)

Car Accident Injury Claim
(what's included in claim)

Car Accident Compensation
(how to calculate claim)

Auto Accident Claim
(how to file a claim)

Auto Accidents - Who's At Fault

Car Accidents - Calculate Pain And Suffering Settlement

Car Accidents - Calculate Pain And Suffering Settlement, Part 2

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