No one wants to think about being involved in a car accident, but unfortunately, accidents are an all-too-common occurrence on the roads of Denver. You may be eligible to collect for pain and suffering, along with other damages, if you’ve been involved in any car accident and suffered physical injuries or emotional trauma.
However, recovering this compensation can be challenging, especially when dealing with insurance companies. Call DCAL today at (720) 770-5454 to speak to an experienced Denver car accident attorney and receive a free consultation regarding your case!
How to Document Pain and Suffering
The first thing to note is that pain and suffering are the physical and emotional distress caused by an injury. Accidents now constitute the majority of personal injury cases. So, pain and suffering are valid compensation elements.
When pursuing a claim for damages for pain and suffering, you must provide convincing evidence. In other words, to receive compensation for your pain and suffering, you must be able to document it.
Keep a Journal of Your Pain and Suffering
Keeping a journal of your pain and suffering can help you track your recovery time and provide objective evidence of your suffering. Be sure to include details such as the accident's date, time, location, type of injuries you sustained, and how your injuries have affected your daily life.
Also, note how the physical trauma has affected your emotional state. Do you feel angry? Frustrated? Depressed? These emotions are valid types of pain and suffering that can be documented.
Gather Evidence of Losses that Result from Your Pain and Suffering
You may be entitled to compensation for economic and non-economic damages, such as medical expenses, property damage, and lost wages. Keep records of all expenses and losses resulting from the accident. For example, if you missed work to recover from your injuries, record the lost wages.
Furthermore, if you need to purchase new equipment or services due to your injuries, such as crutches, wheelchairs, medical transport services, and more, keep a record of these expenses.
Gather Supporting Documentation
Supporting documentation, such as medical treatment records and police reports, can also help prove your claim for pain and suffering. Be sure to collect any relevant documents and keep them in a safe place.
FAQ: How long do you have to make a claim after a car accident?
Moreover, if you have consulted with any medical professionals or a mental health professional, it may be helpful to obtain written statements from them detailing how the accident has affected your life. For instance, medical professionals may be able to provide evidence of your physical injuries and their impact on your quality of life.
What Counts as Pain and Suffering?
Pain and suffering refer to the physical and emotional pain you experience due to your injuries. This can include:
- Physical pain and discomfort
- Emotional distress and trauma
- Mental pain or anguish
- Psychological distress
- Social distress
- Shortening of life
- Loss of enjoyment of life
- Widespread pain
- Chronic pain conditions
When Are You Eligible for Pain and Suffering?
You may be eligible for pain and suffering compensation if you have suffered physical injuries due to a car accident. This compensation is typically due to a personal injury claim or lawsuit. Contact our experienced personal injury lawyer today for a 100% free consultation!
But you must understand that the amount of compensation for pain and suffering can vary widely. The amount you ultimately receive will depend on various factors, such as the severity of your injuries, how long it takes you to recover, and the number of economic losses you have suffered.
How Insurance Companies Try to Minimize Your Settlement
Insurance companies are in the business of making money, and they may try to minimize your settlement. It is important to remember that the insurance adjuster may not have your best interests at heart.
Their goal is to settle your claim as quickly and cheaply as possible. Therefore, it is important to be aware of the tactics that insurance adjusters may use, such as accusing you of exaggerating your pain and suffering or pressuring you to accept a much lower settlement than you deserve.
Generally, there are common tactics insurance adjusters use to minimize your settlement:
- Delaying Payment – Insurance companies may try to drag out the process to make it more difficult for you to receive compensation.
- Lowball Offers – Insurance companies may offer a much lower settlement than you are entitled to.
- Denial of Claim – Insurance companies may deny your claim altogether, citing various reasons such as pre-existing conditions, insufficient evidence, or arguing that you were at fault for the accident.
- Disputing the Severity of your Injuries - Insurance adjusters may argue that your injuries are not as severe or debilitating as you claim and thus offer less compensation.
- Hire Defense Lawyers to Fight Your Claim - Insurance companies may attempt to hire defense lawyers to fight your claim and dispute the validity of your pain and suffering damages.
Insurance companies are often reluctant to approve claims for pain and suffering, so it’s important to understand the strategies they may use. Also, be sure to contact an experienced car accident attorney as soon as possible, so they can help you navigate the claims process.
How Do I Prove Pain and Suffering Damages?
Proving pain and suffering damages can be challenging, but it is possible with the help of an experienced attorney. Your attorney can help you gather convincing evidence, such as medical records, expert testimony, and visual evidence, to support your claim.
Furthermore, your personal injury attorney can help negotiate a fair settlement with the responsible parties or their insurance companies. An experienced car accident attorney will have extensive knowledge of state and federal laws and can fight for the maximum compensation you deserve.
Lastly, your skilled attorney can also help you prove mental anguish injuries. These types of injuries often require evidence from a mental health professional, such as a psychologist or psychiatrist, to provide a professional opinion of your mental state.
Contact an Experienced DCAL Lawyer Today!
In conclusion, car accidents can be incredibly traumatic, and the physical and emotional pain that can result from them can be overwhelming. However, it is important to remember that you do not have to face the aftermath alone. With the help of experienced car accident attorneys, you can recover the compensation you deserve for your physical pain and suffering.
If you or a loved one has been injured in a car accident, contact an experienced car accident attorney in Denver. Our personal injury lawyers at Denver Car Accident Lawyers have extensive experience handling personal injury claims and can help you recover the compensation you deserve. We offer free, no-obligation consultations to discuss your case. Call us at (720) 770-5454. Your road to recovery starts now!