How do insurance adjusters calculate pain and suffering for a slip and fall accident claim?
If you slip and
fall, you may be able to make an accident claim against the
owner/operator of the premises where you suffered your accident. This
claim is a form of personal injury claim made under premises liability
law. When you have a valid claim for a slip and fall case, one of two
things is usually going to happen:
If you do decide that accepting an out of court settlement is
appropriate in your case, then it is important to know that your
settlement should include compensation for economic losses (medical
bills + lost income/wages) as well as for pain and suffering (and
potentially other things like emotional distress as well.) These factors
should be included because they'd be included in a jury verdict.
However, putting a price on pain and suffering can be quite the
challenge, so it can be helpful to know how insurance adjusters make
their calculation for how to award pain and suffering. While this might
vary from adjuster to adjuster, there are a few possibilities for how an
adjuster decides what is appropriate:
These are just two of the possible methods used. The key thing to
remember is just because the insurer uses a method and arrives at a
number doesn't mean you have to accept. You can negotiate, and you can
also assess the strength of your case and decide if going to court is
the right choice.
Of course, these assessments are not things you should do yourself.
It is always in your best interests to hire a lawyer when making an
accident claim as your lawyer can fully explain your legal rights and
help you to get the compensation you deserve.