After a car accident, most people will want to make sure they are compensated in full for all of their medical expenses, property damage and lost income. What most people don't consider is the amount of compensation they may be entitled to for non-economic damages such as pain and suffering.
While the insurance adjuster certainly won't offer up this money easily, the law provides for those injured in a car accident the right to receive it.
Dealing with the Adjuster
All insurance adjusters go through training to ensure the insurance companies pay out as little money as necessary for a car accident claim. It's an unfortunate fact of living in a capitalist, profit focused society. That being said, knowing how much money you are entitled to can give you leverage in negotiating the most for your insurance claim.
For serious injuries, it's important that the claimant to hire an attorney. It just makes sense to ensure a serious injury case is handled by someone with the knowledge, experience and desire to ensure their client gets all the money to which they are legally entitled.
Getting Money for Pain and Suffering
US tort laws provides that those injured in a car accident be compensated for their pain and suffering. While calculating this number is much more of an art than math, there are ways to come up with a good starting point for negotiation.
It starts with adding up all of the "normal" expenses that most people associate with a car accident. This includes property damage, medical costs and lost income. Adding all of those expenses together gives the claimant their economic damages.
Taking the economic damages and applying the appropriate multiplier give an estimate for monetary compensation for pain and suffering. The common multiplier range for a typical, non-serious injury claim ranges from 1.5 to 4 times the total economic damages.
For example, if the property damage was $1,000, lost income was $1,000 and medical bills was $3,000, then the total economic damages would be $5,000. Depending on the severity of the injury and the impact of the accident on the daily life of the claimant, the pain and suffering compensation would be anywhere from $7,500 to $20,000.
When to Talk to an Attorney
Obviously, building a good case and getting a large settlement from a reluctant insurance company is best handled by an attorney with experience in these matters. It makes sense for car accident victims to consult with an attorney before talking to the insurance adjuster, and certainly before signing any release of liability.
