Compensatory damages (pain and suffering)

Your "Compensatory Damages" are what is defined by law as your "pain and suffering". It states you should recover compensatory damages - for the "pain and suffering" your injury caused you. These are the dollars typically paid to the injured person for the "pain and suffering" they endured because of the bodily injury they received as a result of the accident they were in.

The type of injury you suffered, as a result of your motor vehicle accident, plus the nature and duration of your treatment, are the two basic indicators of the degree of "pain and suffering" you experienced. However, there are several other areas you can point out to the adjuster to make him aware of the ongoing trauma you endured. These are as follow:

MEDICATION: The fact that you were prescribed either over-the-counter or prescription medication to relieve pain, inflammation, or any other injury symptoms, should help to convince the adjuster that your injuries were serious and they caused you to suffer. The stronger the medication and the longer prescribed, the greater its influence on the value of your claim.

LENGTH OF RECOVERY: The longer your recovery period, the greater your "pain and suffering," therefore the higher the settlement value your bodily injury claim will be. Make sure your attending physician notes this in their final report. Ask them to mention, in weeks and months, how long it should be, before you engage in certain activities. As long as you continue to have physical problems you should keep going back to see your doctor, again and again. Other than the obvious ones there are two other very good reasons why:

1. The fact that your records show a visit to your doctor, four, six, eight (or even more) weeks after the accident, clearly indicates to the adjuster that your injury required continual attention.

2. When you visit your doctor, should it be true, be sure to tell him there has been little if any decrease of your pain, discomfort, stiffness or immobility. These continuing problems must be noted in their final report.

FAQ: How long it takes to close a case with the final settlement?

• Mediation
• Arbitration
  
• Small Claims Court
  
• Fault Determination Rules
  
• Liability Claim
  
• "at fault" and "no-fault"
  
• Rehabilitation Benefits
  
• Disability Certificate
  
• Compensatory Damages
  
• Types of injury
  
• Tort
  
• Other Insurance Terms