It is very unlikely for an insurance company to automatically pay for pain and suffering. Not only does someone need to qualify for this kind of compensation, but that person would need to prove that the insurance company is liable.
Even with all this in mind, never lose sight of the fact that an insurance company is a business. The nature of the business often leads people to believe that insurance companies are advocates or safety nets for those it insures and those they may cause damages to.
You may even be inclined to think that the provider on the negligent party’s end is considerate by reaching out to you and offering you a settlement. What you deserve for your pain and suffering is often not possible to collect from an insurance company without a lawsuit being filed and a compelling case being built.
This is where a professional accident lawyer in Des Moines can help you. The legal system requires that you adequately prove the damages you wish to claim. You can do so using a variety of documents or other evidence forms including physical medical records, psychiatric evaluation documentation, expert testimonies, etc.
Your attorney is going to systematically evaluate your damage, understand your potential for current and future pain and suffering compensation, reach a satisfactory value, and proceed to negotiate for you to get the best possible settlement.
The Initial Offer
When a negligent party causes you damages, it's incredibly common for the associated insurance company to reach out to you with a potential settlement. While it's not impossible for what is presented to be fair, it's very likely not because of the reason why it is done.
Citizens who find themselves in this situation may be surprised by what appears to be a strong sense of morality on the side of the insurance firm. However, it is often an attempt to swindle you out of the compensation you truly deserve.
Apart from the settlement that is presented, you may find yourself being asked a series of loaded questions. Your answers to these can also impede your ability to get a proper settlement down the line.
Never accept the initial offer Without bringing an attorney into the mix. You may also want to apply this principle to whatever conversation the insurance company wants to have with you. Do not engage before having sought the counsel of a seasoned legal professional.
If you are wondering why an initial settlement often constitutes our final payment, it lies within the way they are handled. It's not a process in which you present some information, and some money is paid to you without any requirements in return.
You are almost always going to need to sign documentation that requires you to forfeit any future claim you would have where compensation is concerned. This technique tends to be effective because it is used on victims while they're in a vulnerable state and unlikely to make the best possible decisions.
Damage Collection in a Personal Injury Case
As you likely understand by now, insurance companies may attempt to automatically negate your ability to receive the true extent of what you are entitled to. Your filing of a personal injury claim and bringing a case forward is typically the catalyst for getting adequately compensated.
When you go this route, the calculation of the damages you receive has several layers. You are likely already familiar with the physical aspect of it, which speaks to the damages that are immediately apparent from a tangible standpoint.
Pain and suffering damages and collection fall under a different category. The categorization often speaks to intangible losses, such as lost income, post-traumatic occurrences, lower quality of life, etc. There can be an additional layer of compensation if punitive damages can be proven too.
This speaks to a situation in which the negligent party, while being fully aware of the act being carried out and the effect it would have on you, decided to proceed anyway.
Call a Des Moines Personal Injury Attorney
The expert team at Tom Fowler Law brings a wealth of experience in Des Moines personal injury cases to you. It is very beneficial for you to have an experienced and honest attorney at your side who can help you to get the full extent of compensation for the current and future effects of an accident.