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How Pain and Suffering Is Figured in Personal Injury Cases


posted by Forsythea Nelms on

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Personal injury cases can get very complicated. Fortunately, you can hire a personal injury attorney in Tulsa to handle the hard parts of the case for you, but you probably still want to have an idea of what’s going on and what to expect. If you were injured and another party is liable, they owe you compensation for any damages or losses that occurred to you. This includes things like medical bills, prescriptions, loss of wages, and loss of future wages, but it can also include pain and suffering. Pain and suffering can’t exactly be measured and totaled like medical bills can, so you might be curious to know how your compensation will be figured.

Claims Adjuster

One of the first people to arrive at a figure for pain and suffering will be a claims adjuster from an insurance company. If the person or company liable for your injury is covered by insurance, that insurance company will send a claims adjuster to talk with you, gather information, and arrive at a figure. How the claims adjuster arrives at a particular number is not usually divulged, but you don’t have to accept this number. A new number can be negotiated through settlement or decided upon in court.
 
Gross Negligence

One of the biggest factors in how much money you’ll receive is whether gross negligence was involved in the accident. Regular negligence occurs when a person acts reasonably but makes a mistake, like a driver who doesn’t notice a biker in the lane next to them. Gross negligence is when the liable party is acting in an unreasonable manner when the action occurs, such as drinking and driving or street racing. Cases involving gross negligence tend to pay out more for pain and suffering.
 
How Much to Expect

It can be difficult knowing at the beginning of a case just how much compensation for pain and suffering you should expect, but there are ways of estimating. One of the best ways to estimate is to look for similar cases in your area and take note of how much money was awarded.

Submitting Your Own Estimate

If you hire a personal injury attorney in Tulsa, they can help you come up with your own estimate to present in negotiations. This way you can put out a number you feel you deserve without leaving it up to a claims adjuster or jury.

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