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You’ve had a motor vehicle accident several months ago when a local
character by the name of Fred Fuddle smashed into your rear end. Now you're
in the home stretch with his Adjuster, I. M. Strong, and you’re going to be
paid for your loss by Strong’s employer, Rock Solid Insurance. A good portion
of it will be for your "Pain and Suffering". That, in the lingo of insurance
claim settlements, is your "Compensatory Damages". Let's talk about that.
BODILY INJURY PAIN::
How much pain can an individual stand?
The answer
to that is: "How does Dan know that?"
Answer:
Reaction to pain not only differs with each of us, but often within
each of us. While pain can usually be scientifically measured, the limits of
human endurance cannot. We all have a different "Pain Threshold" - - that is,
the point at which we begin to feel physical distress as we enter into, and
then deal with, a period of suffering.
A lot
depends on what's going on in your life and how you experience it. Temperament
and psychological factors are involved. Like, for example, your personal life
is in a shambles (for any number of reasons) and that has hindered your ability
to recover. Or, perhaps the company in which you're employed is on the brink
of bankruptcy!
The mechanism through which
you feel an injury is so complicated that there are times when the same pain
appears to be more (or less) than that of previous days. For example:one day
you have a problem that causes you to complain endlessly. This makes you impossible
to live with and your pain seems to be much stronger. Yet, a similar situation
on a much better day doesn’t upset you so profoundly and the pain is not nearly
as bad.
YOUR "PAIN AND SUFFERING" (Legally identified
as your “Compensatory Damages“): The type of injury you suffered, as a result
of Fred Fuddle crashing into you (plus the nature and length of your treatment)
are two of the best indicators for both he and Rock Solid Insurance
to consider regarding the "Pain and Suffering" you experienced. However, there
are several other areas you should call to the attention of Adjuster Strong
so as to make him aware of what you've been dealing with.
MEDICATION:
The fact that you were prescribed either over-the-counter or prescription medication
by Ole’ “Doc” Comfort, your family physician, to relieve pain, inflammation
(and/or any other injury symptoms), will help to convince I. M. Strong that
your injuries were serious and caused you to endure a great deal of "Pain and
Suffering". No matter which way you slice that cake, the more powerful the medication,
and the longer it’s prescribed for, the greater the value your claim will be.
And that's a fact of life in the business of insurance claims.
LENGTH OF RECOVERY: The
longer your recovery period, the greater your "Pain and Suffering"- - therefore
the higher the settlement value of your bodily injury. Make sure “Doc” Comfort
clearly indicates this in his Final Medical Report. Tell him he must state in
writing (via the weeks and months) how long it will be, before you were able
to engage in your routine activities. Make sure he doesn't send that report
directly to Adjuster Strong. You get it first and then later on you’ll send
it along to Strong. But, before you do, read it. If good Ole’ “Doc” Comfort
hasn't clearly stated this, hand it back to him and tell him he must.
You have every right to insist that he does. You're paying his bills, it's your
report, your insurance claim, and your big bucks he's not being
serious about!
As long as you continue to have physical problems you should keep going
back to see your doctor, again and again, and again! Other
than the obvious "Pain and Suffering" to convince Rock Solid Insurance that
you’ve endured, there are two other very good reasons for doing this. They are
as follows:
(1) The fact that your records show visits to your doctor, four, six,
eight (or even more) weeks after the accident, will convince Adjuster Strong
and Rock Solid that your injury took a long time to deal with and required continual
attention. (Plus it clearly indicates each and every day you were unable
to work and therefore it proves, beyond the shadow of any doubt, the income
you lost.)
Never forget: Your attending physician’s Medical Report
is the only way you can prove you were unable to work and in any court
of law that will justify your claim for lost wages.
(2) When you visit “Doc” Comfort be sure to tell him there's been little
(if any!) decrease of your pain, discomfort, stiffness or immobility. Make sure,
when he does execute that Final Medical Report, this is clearly stated in his
written remarks. If it isn't you have every right to go back, hand it to him
and insist that it is.
SCARS: In many instances large and obvious
scaring increases the value of your claim (big time!) - - especially
if the scarred portion of your body is visible. If you've been sitting at a
desk for 25 years, your chin is double, your hair is gone, and you own a bulging
stomach, and that’s where the scar is, it’s not going to be worth much. But,
if you're a tall, dark and handsome, 20 to 50 year old, and the scar is on your
face, than it's worth a ton.
You should take colored photographs of every scar and every
scrape that causes swelling and/or discoloration to your skin plus every mark
on your body! After you’ve handed a copy of those photographs to Adjuster
I M. Strong he’ll be sending them to his boss in the Home Office. I sat in that
seat for almost three decades so I can flat out guarantee you his immediate
superior in the home office will stare at those photos and then gulp. He’ll
blanch, take a deep breath and send Strong a one liner that reads something
like: “Do whatever it takes to get rid of this one. Settle it and move on.”
If the scar is bad enough insist that Dr. Comfort refer
you to a Plastic Surgeon for an opinion as to whether your scar can be repaired
and/or removed. Once you've been examined ask that Specialist to detail in writing
(and insist that he send his report to you) how much it will cost to
make it look right again. You may never get it repaired, and/or removed, but
include that Plastic Surgeon's report, plus copies of the bills you’ve accumulated
because of your visits to him, and hand them to Adjuster Strong. This
will absolutely, positively give your claim more value!
QUESTIONS & ANSWERS REGARDING OBTAINING THE SERVICES
OF A LAWYER
QUESTION:
“Is
it necessary to obtain the services of an attorney who will take 33 1/3% of
the settlement (in some states up to 50%) he recovers from the insurance company
of the individual who struck you“? ANSWER: “Yes, there are some situations
where it makes sense to do so".
HOWEVER: Especially in a case where the impact
is absolutely not your fault in any way, shape, manner or form - - you should
be clear with the lawyer you hook up with that those out-of-pocket expenses
you would have been paid (whether they represented you or not) should
not be part of his settlement.
Let’s say, for example: You were
at a dead stop while waiting for a light to change from red to green, when struck
a tremendous blow in the rear by a distracted driver. It’s 100% clear to all
concerned that the damages you received will be paid by the insurance company
of the individual that struck you.
The property damage to your motor vehicle
is $2,800, your lost wages are $450, your final Doctor’s bill (plus all your
other Out-Of-Pocket “Medical Expenses”) comes to $750 for a total (Property
Damages plus Lost Wages,Medical Bills, etc.) of $4,000 and you live in an area
where the lawyer's typical “Contingency Fee” is 33 1/3% of the recovery.
QUESTION: “Should that lawyer
take 33/13% of that $4,000“?
ANSWER: “No“!
QUESTION:
“Why not“?
ANSWER:
“Because you were going to get that $4,000 whether there was an attorney representing
you or not“!
In
a situation where the liability is absolutely and positively clear the attorney
should take his fee of 33 1/3% from everything he gets above and beyond,
that $4,000 - - which were only the total of your normal and routine out-of-pocket
expenses!
DISCLAIMER:
The only purpose of this article YOUR MOTOR VEHICLE
ACCIDENT INSURANCE CLAIM--Getting Reimbursed For Your “Pain And Suffering”,
is to help people understand the motor vehicle accident claim process. Neither
Dan Baldyga, EXPERTPAGES.COM nor FREEADVICE.COM make any guarantee
of any kind whatsoever; NOR do they purport to engage in rendering any
professional or legal service; NOR to substitute for a lawyer, an insurance
adjuster, or claims consultant, or the like. Where such professional help is
desired IT IS THE INDIVIDUAL'S RESPONSIBILITY to obtain such services.
By: Dan
Baldyga
Email: dbpaw@comcast.net.
Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved. Reprinted with
permission. Dan Baldyga has a lifetime of experience in motor vehicle accidents,
personal injury and compensation. Over the years Dan has written several "How
To" books on this subject matter. Dan's latest book AUTO ACCIDENT PERSONAL INJURY
INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet
at http://www.caraccidentclaims.com
or http://www.autoaccidentcaims.com
DISCLAIMER:
The only purpose of this article THE EYE WITNESS TO YOUR MOTOR VEHICLE ACCIDENT
is to help people understand the motor vehicle accident claim process. Neither
Dan Baldyga, EXPERTPAGES.COM nor FREEADVICE.COM make any guarantee
of any kind whatsoever; NOR do they purport to engage in rendering any
professional or legal service; NOR to substitute for a lawyer, an insurance
adjuster. or claims consultant, or the like. Where such professional help is
desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
