An important part of getting a fair settlement after a car accident is negotiating a pain and suffering settlement. Compensation for pain and suffering is a significant part of any car accident claim requiring legal representation. Receiving fair compensation for pain and suffering requires careful negotiation with the insurance company. Fortunately, an experienced car accident attorney can help you through the complexities of your car accident claim. Below we will discuss how a car accident attorney can help you negotiate a fair pain and suffering settlement.
Your Attorney Evaluates Your Case
Negotiating a pain and suffering settlement requires arriving at a fair valuation of your claim. You can only pursue a fair settlement when you have an idea of what your case is worth. Carefully evaluating your claim in order to determine the realistic value of your pain and suffering claim is the first step in preparing to negotiate for a pain and suffering settlement.
There are a number of factors that go into the value of your claim and the value of your pain and suffering. Certainly, the severity of your injuries and the pain associated with those injuries is a top consideration for the value of the pain and suffering portion of your claim. Injuries that are severe or permanent are likely to have a higher pain and suffering value than injuries that you may recover from after a few days or weeks.
In addition to the severity of your injuries, there are other considerations that weigh into the value of your pain and suffering claim. If the other party is clearly at fault, you can demand a higher payment than if there is some question about comparative negligence or whether the case meets the burden of proof. The likelihood of your recovery from your injuries can also play into the valuation of your pain and suffering claim.
They Build a Strong Case on Your Behalf
Once you identify the approximate value of your pain and suffering claim, your car accident attorney sets about building your case. You can work with expert witnesses in order to document the likely pain associated with your injuries. An expert can also speak to the permanence of your injuries and your likelihood of recovery. Even a pain journal that you keep yourself can demonstrate your pain. When your attorney helps you build the evidence in your case, it tells the other side that you’re serious about getting a fair settlement and that you’re willing to diligently pursue the case until you receive fair payment for your pain and suffering.
Your Car Accident Attorney Makes Compelling Arguments
Once you build strong evidence of your pain and suffering, it’s time for your attorney to negotiate with the other party. Your attorney has several ways to negotiate with the other side. They might write a demand letter on your behalf. They might call or email. Your attorney knows when to provide information to the other party and what arguments make your negotiations effective.
The attorney can explain to the other party how you have a strong case and how it’s in the other side’s best interests to pay you fairly without needing to take your case to trial. Your attorney also helps you evaluate the response from the other side in order to understand how they are positioning their case and how you can effectively move forward with your claim.
They Offer You Sound Advice for Whether to Accept a Settlement
Negotiating for a fair pain and suffering settlement means knowing when to accept a settlement and when to press forward with your case. An experienced car accident attorney can evaluate the offer in order to provide sound advice about whether a settlement truly represents your pain and suffering.
Have you been hurt in a car accident? Call our law offices today at any of our convenient locations and get a free consultation.
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