Law Offices of Paul K. Schrier, PLLC

Think Like an Adjuster and Increase Your Personal Injury Claim Award

If you have recently been injured in a serious personal injury accident, there is a good chance that you believe that your injuries are severe and that the compensation you should receive for those injuries is quite large.

You may be correct in assuming this, but you should never assume that the insurance company is on the same page as you are. In fact, the insurance company has a vested interest in pushing down the value of your claim or denying responsibility altogether.

As you go through the process of filing a claim for personal injury, it is helpful to think like an adjuster at each stage of the process. The number one way to help yourself in a situation like this is to retain an experienced personal injury attorney in Miami.

Often working with the insurance company can be one of the most difficult and frustrating aspects of going through a personal injury claim.

Many people are unfamiliar with the claims process and find it difficult to get updates from the insurance adjuster, making it all the more challenging when you already have quite a bit on your plate in terms of dealing with your serious injuries.

Pain and suffering is a term used to describe the emotional distress and physical pain that a victim goes through after a personal injury accident. Emotional distress can lead to serious symptoms like insomnia, depression, irritability and anxiety.

These are classified as general damages that are paid out to a victim in addition to any actual costs associated with your treatment.

For example, the medical bills associated with your accident are considered actual costs since these are referring directly to the treatment that you needed to receive in order to address the injuries sustained in an accident.

Actual costs are often referred to as special damages and include lost wages, out of pocket expenses, property damage and medical or therapy bills.

One of the most confusing aspects of the management of your personal claim is how pain and suffering are calculated. If you have been cleared to return to work by your physician and you have completed all of your therapy and medical treatment, this is an important stage in your personal injury claim as you will need to put together a settlement demand letter.

If you retain an experienced Miami personal injury attorney early on in the process, this can be much easier to deal with than if you are trying to handle it on your own.

Your settlement demand letter probably includes an amount that you have determined after putting together your total for your special damages, but it can be difficult to determine your pain and suffering amount.

Think about how a claim adjuster will actually evaluate pain and suffering. The adjuster primarily uses his or her background and experience, putting all of the information associated with your claim into a software or computer program and determining the output.

The more evidence that you have that supports the level of emotional distress and pain that you have suffered the higher the offer from the adjuster will be.

Computer input evidence and experience in the form of a personal injury attorney can all help ensure that you receive an offer that is fair. However, it is not always the case that the insurance adjuster will come up with an offer that you believe is in line with your injuries.

Also Read: Most Common Evidence in Car Accident Cases

Primary Factors That an Insurance Adjuster Considers in Calculating Pain and Suffering

There are many different factors that an insurance adjuster evaluates to determine the initial settlement offer. These include:

  • Liability of the insured party
  • Future prognosis
  • Injury seriousness
  • Exceptions
  • History of jury verdicts in similar cases

Fair amounts for pain and suffering can be very difficult to come by from an insurance company. The insurance company will usually take the position that victims are asking for too much if they ask for more than the special damages.

However, as a victim in a serious accident, you may be entitled to pain and suffering just like anyone else in this situation.

If you feel that your evidence is strong enough after you receive an initial settlement offer from the insurance company, you can counter with your own demand.

Consult with Florida Personal Injury Attorney Today

In order to appropriately evaluate a settlement offer, you should consult with an experienced personal injury attorney from day one of handling your claim.

This can help you determine the multiplier used by the insurance claims adjuster and a fair way to negotiate with them with your counter offer.

Discover more information about slip and fall accidents: /blog/average-numbers-florida-slip-fall-accidents/


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