Can I Make A Personal Injury Claim For Pain and Suffering?
In short, the answer is “yes.” However, the type of injury you suffer and the type of medical treatment required are two huge considerations your insurance company will evaluate.
What type of injury do you have?
The type of injury you have endured alongside the plan of treatment are two huge indicators that the insurance companies will evaluate when considering the amount of pain and suffering you are claiming. In this article, we will address these issues and will touch on how the insurance adjuster sees your injuries when evaluating your pain and suffering.
How severe is your pain?
Every time you go to the doctor, they ask you to rate your pain on a level from 1-10. These pain reportings are a great way to establish pain and suffering. Did you fracture a bone? If you broke a bone or other hard-tissue, it is much easier to relate a claim for pain and suffering. Conversely, enduring soft-tissue injuries is much more difficult to prove pain and suffering because the injuries are considered subjective.
What was your diagnosis?
If you have been prescribed medication for pain, it may help to demonstrate to the insurance adjuster the severity of your injury. The stronger your medication, and the longer you are required to take it, the greater chance you have at being awarded for your pain and suffering. This is because insurance adjusters are always looking for signs that indicate you are in serious pain.
Typically speaking, the longer your recovery period, the more likely you have actually endured pain and suffering. The most effective way of showing this to an adjuster is by showing them your medical records; however, you should speak with a lawyer prior to releasing these documents.
It is important to remember that you must disclose your recovery progress to your doctor so they can notate your records accordingly. If you fail to show up to your regularly scheduled visits, or if you fail to express how recovery is going, it is likely that your doctors’ notes will not be favorable to your injury claim. Remember to stay on top of your treatment and maintain open lines of communication with your physician!
Documenting your injuries (and recovery)
Many of the things that can influence the severity of pain and suffering you have experienced (and will continue to experience) can best be shown by documenting them.
- If you have any pain and are being treated by a doctor, make sure you disclose the pain to your doctor so it can be recorded in your medical records.
- If you think you may need medication to handle or manage your pain, do not be shy. Ask for it!
- If you are suffering past your treatment recommendation, do not hesitate to contact your doctor to schedule more visits!
- If your pain is interfering with your everday life, let your doctor know.
- If your injuries are physically visible, document them each day to record progress of your recovery.
In addition to the above recommended steps, keep a diary of all injuries sustained following the car accident — missed work, body aches, headaches, even emotional distress. Document everything to provide to your insurance adjuster.
Related: How Long Do I Have To File A Personal Injury Claim
This article was written by Las Vegas car accident lawyer, Brian M. Boyer of The Injury Firm. If you or a loved one have suffered injury following an accident in the Las Vegas, NV area, please do not hesitate to contact us for a free, no-obligation consultation at (702) 800-0988. If we cannot help you, we will point you in the right direction for your specific needs!
Thank you for taking the time to read this article. Have a wonderful day!