Pain and Suffering Insurance Claim Guide for Car Accident Victims

Filing a pain and suffering insurance claim after a car accident can be a daunting task, but it's essential to seek compensation for your physical and emotional distress.

Your insurance company may offer a settlement, but this amount may not accurately reflect the full extent of your pain and suffering.

In most states, you have three years to file a personal injury claim, but it's best to act quickly to ensure you receive the compensation you deserve.

The value of your pain and suffering claim will be determined by the severity of your injuries, medical expenses, and any lost wages.

In New York, car accident victims have a unique situation when it comes to pain and suffering compensation. New York has a no-fault car accident law, which requires all motorists to carry a Personal Injury Protection (PIP) policy of at least $50,000.

PIP covers medical care, lost wages, and other fees, but not pain and suffering. To recover compensation for pain and suffering, car accident victims must file a fault-based liability insurance claim or personal injury lawsuit against the responsible party.

To qualify for pain and suffering damages in New York, a car accident victim must have a "serious" injury, as defined by New York Insurance (ISC) §5102. Here are some examples of serious injuries:

If you're planning to file a pain and suffering insurance claim in New York, make sure to keep detailed records of your medical treatment and lost wages, as these will be essential in supporting your claim.

Insurance Company Offers can be tempting, but use caution. Many settlement offers are final, requiring you to sign a release and forfeit your right to sue for further compensation.

You are not obligated to accept a settlement offer. If you don't believe it compensates you fairly for your damages, you can reject it or negotiate for a new offer.

A personal injury lawyer may be able to assist you in evaluating the fairness of a settlement offer and negotiating with insurance companies on your behalf.

If you're filing an insurance claim or a personal injury lawsuit, you may be eligible for various damages.

Current and future medical expenses related to your accident injuries can be claimed.

Lost income and benefits can also be recovered.

Reduced ability to earn if you cannot return to work is another type of damage.

Property damages can be claimed if they were damaged in the accident.

Out-of-pocket costs related to your collision and injuries can be recovered.

Pain and suffering can be claimed, but it's essential to document all medical treatments and gather testimonies from mental health professionals.

Emotional injuries, such as distress, anxiety, depression, stress, mental anguish, humiliation, psychological trauma, and post-traumatic stress disorder, can also be claimed.

The value of pain and suffering damages can be difficult to quantify, but most juries use the multiplier method or the per diem method to calculate the award.

The multiplier method involves multiplying the full amount of your economic damage award by a number between 1.5 and 5, depending on the severity of your injury.

The per diem method assigns a daily pay rate for your pain and suffering, which is then multiplied by the number of days you will foreseeably experience the pain and suffering.

A pain and suffering award can vary considerably from claimant to claimant, and there may be limitations on the value of your claim.

Here are the main types of damages available in a personal injury case:

Limitations on pain and suffering claims are a reality. Insurance companies and defendants can raise various defenses to challenge the validity of your claim. One such limitation is the causation defense, where the insurance company may argue that your pain and suffering were caused by a pre-existing injury, not the accident in question.

To win a personal injury claim, you must prove that the defendant's misconduct caused your pain and suffering. However, if you have a pre-existing injury, the insurance company may try to assert that it was the cause of your current pain and suffering. For example, if you suffered a back injury 10 years ago and are now claiming pain and suffering from a car accident, the insurance adjuster might claim that your back pain was caused by the old injury rather than the new accident.

Some other limitations and defenses to be aware of include Missouri's pure comparative negligence system, which can reduce your damages if you're found partially liable for the accident. Additionally, insurance coverage limitations may cap the amount of compensation you can receive.

Insurance companies and defendants often raise defenses against pain and suffering claims, and there are inherent limitations to these claims as well.

Pain and suffering claims may be subject to limitations, including insurance coverage limits. These limits can be found in the policy, but your lawyer might be able to find a way around them.

To know the insurance coverage limits, you need to read the policy carefully. Your lawyer might be able to find a second defendant liable for your losses.

Some possible second defendants include the defendant's employer, if the defendant was acting within the scope of employment when the accident occurred. The manufacturer of a defective product can also be a second defendant, if the product injured you and the defect caused your injuries.

A commercial truck driver or an on-duty Uber or Lyft driver can also be a second defendant, as they are typically well-insured. Your lawyer might also find other defendants, such as a business.

In some cases, you may not be entitled to claim pain-and-suffering damages from a car accident. For example, in Massachusetts, you must have incurred at least $2000 in reasonable and necessary medical expenses as a result of your car accident-related injuries.

However, there are exceptions to this rule, including if the claim is being made for a person who died in the accident, loss of a body part, permanent or serious disfigurement, loss of sight or hearing, or fracture (including teeth).

Your personal injury lawyer will need clear evidence that the discomfort is a direct result of your accident, and personal injury cases claiming pain and suffering damages are not valid when no physical or psychological injury can be proven.

Here are some examples of possible second defendants:

You can't just sit back and let your pain and suffering pile up, or you'll lose out on compensation. If you fail to follow your doctor's recommendations, you'll be seen as not doing everything you could to mitigate your damages.

The insurance company will scrutinize your behavior after the accident, looking for any opportunity to reduce the amount they owe you. This is known as the Failure To Mitigate Damages defense.

If you're not careful, you could end up losing compensation for pain and suffering that you could have avoided with reasonable behavior. Your lawyer will need to prove that you took all necessary steps to mitigate your damages.

For example, if you're claiming pain and suffering from a car accident, but you've been smoking or drinking excessively since the accident, the insurance company might argue that your behavior contributed to your pain and suffering.

If you're involved in an accident, the opposing party might try to shift some of the blame onto you. This is called the comparative fault defense. In some cases, the court may even subtract your percentage of fault from your damages.

For instance, if you were 15% at fault, you'd lose 15% of your damages, including what you'd otherwise receive for pain and suffering. This means the opposing party will keep chipping away at your damages.

If the court determines you're partially liable for the accident, Missouri's pure comparative negligence system kicks in. This means you'll still be able to recover some damages, but not the full amount.

Here's a breakdown of how the court might calculate damages based on your percentage of fault:

Keep in mind that this is a simplified example, and actual damages may be calculated differently in each case.