Do Insurance Companies Pay For Pain And Suffering?
Personal Injury - October 12, 2020
If you or somebody you care about has sustained an injury caused by the careless or negligent actions of another person, you should be entitled to various types of compensation. When most people think of compensation after a personal injury case, they think of coverage for their medical bills, lost wages, and other out-of-pocket expenses. However, victims may also be entitled to pain and suffering damages for what happened to them. In general, insurance carriers will pay for pain and suffering damages, but the pain and suffering will have to arise as a result of a physical injury, and it will need to be proven in order for the carrier to pay.
What is Pain and Suffering Damages?
It is important to understand exactly what pain and suffering damages are. “Pain and suffering” can include physical pain and discomfort experienced by an injury victim as well as emotional distress caused by the accident, injuries, associated medical treatment, and recovery time.
In these cases, we can refer to “pain” as the physical symptoms of a person’s experiences from their injuries. We can refer to “suffering” as the mental anguish that an injury victim experiences due to the accident, injuries, and recovery.
Pain and suffering damages can also be referred to as “inconvenience,” or a disruption in a person’s everyday life. For example, a pedestrian accident that results in hospitalization could result in a person not being able to go on their vacation, not being there for the birth of a grandchild, or not being able to participate in their favorite team sport.
How to Prove Pain and Suffering
It will be important to actually prove the pain and suffering you have experienced in order to recover compensation for these damages. Proving pain and suffering damages can be daunting, but the more documentation you have, the better. Documenting pain and suffering can come in the form of:
- A journal or diary that you keep in the aftermath of the incident that tracks your daily recovery.
- Character witnesses and testimonies from those who witness your pain.
- Photographs or video that corroborates what you went through.
- Photographs or video depicting any physical trauma you have experienced.
- Photographs of scars or permanent damage you have sustained as a result of the incident and injuries.
By having this documentation, as well as medical records that support your injury claims, you will be better able to justify seeking pain and suffering damages.
Negotiating for Pain and Suffering Compensation
Insurance carriers are notoriously difficult to deal with. Insurance companies will do what they can to limit the amount of money they payout in a settlement for any type of damages, including pain and suffering. However, negotiating for pain and suffering compensation is something that a personal injury lawyer will be very familiar with. An Evanston personal injury attorney will understand that the insurance carrier will not start out with their best offer when it comes to making a settlement, which is why you and your attorney will gather evidence and present a counter offer demanding fair compensation for pain and suffering. Most personal injury cases are resolved through settlements with insurance carriers, but only after significant back and forth negotiations between the injury victim’s attorney and the insurance company.