Personal Injury Damages for Pain and Suffering
If you have been injured in an accident, you may be filing a personal injury claim with your insurer to recover damages. Filling out claims to maximize your chances of obtaining damages can be a tricky process. An Irvine personal injury attorney may be able to help you.
If you are seeking general damages, which are also known as damages for pain and suffering, you should be sure to provide your medical records documenting the treatment provided for your injuries, as well as the level of physical pain you have suffered. A good way to do this is by including the use of painkillers or anti-inflammatory medications and their dosages. You should also document whether you are still taking that medication and the length of time for which you took it. If you suffered any injuries resulting in temporary or permanent loss of use of a body part, that will also help to establish your pain and suffering. In many states, if you had a pre-existing condition that was aggravated by your injuries in the accident, you might be able to recover additional pain and suffering damages.
Documentation is the key; insurers will rarely take your claim of pain and suffering at face value. If you also claim lost wages due to pain from the injury, you should provide a statement of lost work time from your employer. Any reasonable settlement offer should take into account not just past pain and suffering but also expected future pain and suffering.
If you have questions about how to file a personal injury claim, contact an Irvine personal injury attorney. Samer Habbas may be able to help; for a free initial consultation, simply fill out the form on this page.