top of page
  • Writer's pictureTom Fowler

What Is a Fair Settlement for Pain and Suffering?

When your personal injury is caused by the negligence of another party in Des Moines, Iowa, you are legally entitled to compensation. Of course, this requires adequately proving your suffering and the fact that you are the victim of someone else’s negligence.

While there is typically a strong focus on the immediate effects of the accident, many ignore the potential post effects, which may or may not be long-term occurrences.

This is why you are advised not to accept any initial settlements presented by the insurance company of the party responsible for the situation you are in. By doing so, you hamper your ability to get the full extent of the damages you are supposed to as more of the effects from the accident unfold.

Personal injury law encompasses fall liability, medical malpractice, car accidents, etc. These contexts all fall under a similar category where you have entered a state of pain or suffering exclusively due to the actions and negligence of others.

The ability to present documentation or other evidence to substantiate your claims is all but mandatory in cases such as these. Not only is a legal professional in Des Moines going to request any such insights from you, but there is also a targeted focus on directing you on how to obtain the documentation you probably didn't even know you needed.

That's why you should always contact auto accident attorneys as soon as possible after one of these incidents occurs. You get useful actionable recommendations, such as going to a hospital and asking for specific documentation or ensuring you have the police see the accident scene and take a statement from you.

Pain and suffering are much more likely not to be immediately apparent to someone who is likely going to be experiencing it. That's why the initial phases require you to adequately establish what took place. It is much more probable that you can be successful in a pain and suffering case when the initial occurrence is well documented and proven.

Understanding a Fair Settlement

Understanding a Fair Settlement

When you think of what a fair settlement may constitute, you may begin to get caught up in potential figures. However, that's not what you are going to be receiving from reading this. If an attempt was to be made to tell you what to expect to collect, it would strip away the uniqueness that is synonymous with what is happening to you.

It's not out of the realm of possibility for another situation that strikingly resembles yours to be worth a vastly different amount. Your investment in an attorney does provide you with legal experience in your corner, but it is meant to allow this experience to properly factor in the special nuances that make up your situation.

The idea of what is fair depends almost exclusively on what you are going through, what you are reasonably yet to go through, and what you can do to prove it. The intentions of the negligent party are also a huge consideration in the matter. Being made to suffer because of someone's unintentional actions leads to compensation in one way.

However, the negligent party is sometimes fully aware of the negative actions being carried out and the potential effects on you. For example, a doctor whom you have fallen out of favor with may prescribe a harmful medication for you on purpose.

In such a case, the medical professional would be using your trust in the system to damage you. This is how the concept of punitive damages works.

Your legal professional is going to aim to establish all the relevant parameters in attempting to get you a settlement. This involves making considerations for the current situation you are going through and any future situation that is to come.

For example, if your prognosis renders you unable to work for at least six months, seeking pain and suffering damages from the insurance within the second month does not only compensate you for the two months you have not worked, since it would have been documented in at least four more articles.

Contact a Seasoned Personal Injury Attorney

Only an experienced attorney in Des Moines can help you get the full settlement you deserve for the pain and suffering you have endured. Tom Fowler Law boasts a tremendous track record and a wealth of experience in this area. Reach out as soon as possible to schedule a consultation.


bottom of page