How Does an Insurance Company Determine Pain and Suffering Compensation?

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Determining pain and suffering compensation is never an easy feat for an insurance company.  For one thing, they will need to assign a dollar value to the pain and suffering caused.  This becomes increasingly difficult because there is no formula of calculation put in place that adequately measures pain.  Additionally, there are no charts or graphs that provide variable categories that the pain and suffering can go into.  So, how do insurance companies determine pain and suffering? Each case is treated uniquely and evaluated as such as well. 

Determining Compensation

In determining the total compensation warranted by an individual, the insurance company may seek to evaluate the credibility of any witnesses to the accident. 

  • They seek to answer the question of how the actions of the injured individual may or may not have been consistent with the actions of a normal person who is experiencing pain and suffering from the same or similar conditions. 
  • Additionally, the insurance company will take a look at the familial situation of the injured individual.  Are they going through any financial stresses (i.e. bankruptcy or divorce) that might influence them in their case for pain and suffering compensation? 
  • Do they have any prior instances of pain and suffering cases against other insurance companies? 

All of these questions are taken into consideration when an insurance company is making an assessment for allotting pain and suffering compensation.

Other Key Factors

Insurance companies will take a closer look at any pre-existing injuries and medical treatment administered by physicians for both the preexisting condition and the current trauma for which the individual seeks pain and suffering damages.  They will further assess if the medical treatment was on schedule or stretched out to make the injury appear worst than it actually is. 

By putting all of these pieces of the puzzle together, the insurance company will better be able to come up with a determination for pain and suffering compensation.  Settlements will vary and can be solely reliant on the aforementioned factors.  Furthermore, if there are any questions that arise during the assessment and research phase then the insurance company may seek to receive more information from the claimant.  This information may prove helpful or detrimental to the pain and suffering case.  Throughout this process, the claimant should more than likely seek the services of a pain and suffering attorney.

Getting Help

Attorneys who specialize in pain and suffering have a solid background and knowledge of pain and suffering cases.  For this reason if you are currently waiting for pain and suffering compensation then you should consult with an attorney who can help you prove your claim and who can help you determine what damages you may be entitled to.

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