No matter an auto accident’s severity, one of the hardest things to prove can be the amount of “pain and suffering” either you or a loved one incurred due to the incident. Common sense would suggest that simply getting official documentation from a doctor would suffice, but in more significant auto accident cases, the proof needs to go above and beyond that, sometimes including evaluation from an opposing party’s medical team of choice.
The Two Main Types of ‘Pain and Suffering’
There are really two types of pain and suffering: physical and mental.
While there is no one-size formula for damages based on either, pain and suffering can equate to a certain value based on loss of overall income, inability to return to a normal quality of life, and other circumstances. Detailed documentation of injuries, including x-rays, evaluations, and even personal health logs, can go a long way towards establishing the existence and severity of injuries.
Arizona allows victims to recover “noneconomic losses,” which can include anything from anxiety and loss of care to general discomfort, loss of love, loss of care, or other companionship deficits. Currently, there is no monetary cap to the number of damages a party can pursue.
The Role of the Insurance Company in Establishing “Pain and Suffering”
Suppose you’ve been the victim of an auto accident or other personal injury incident. In that case, you’re likely going to hear from the insurance company of the other party, and they’re going to be quick to offer you a settlement to keep the issue from progressing to trial. Before speaking with the insurance company or their legal team, you need to consult a qualified personal injury to understand your rights and options better.
If all of your medical and evaluative documentation is in order, the insurance company may offer a more favorable settlement based on the severity of your injuries. Keep in mind that the insurance company will gain access to your medical records as it relates to the incident, so be prepared to discuss any “pain and suffering” you’ve incurred in great detail.
It’s also essential to keep receipt records of any expenses related to the incident outside of medical or emotional care. All of those costs factor into the total value of a potential settlement.
If you’ve been the victim of an auto accident or other personal injury incident, it’s important to discuss your own “pain and suffering” with a professional personal injury attorney. The opposing party will try to get you to sign a settlement quickly, but your pain and suffering may be worth more (sometimes, much more) than what they’ve offered. Call Rabb & Rabb, PLLC today at (520) 888-6740 to schedule a free consultation.
