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How to Negotiate Pain and Suffering in a Car Accident Claim

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How to Negotiate Pain and Suffering in a Car Accident Claim

When negotiating a car accident claim, you should be prepared and confident. When it comes to pain and suffering damages, the negotiations tend to be even tougher. You need to convince the adjuster to compensate you adequately for pain and suffering. There are no laws that compel an adjuster to pay for pain and suffering, and there is no reference guide for compensation amount to be paid. During negotiations, the adjuster usually has the upper hand, and he won’t pay the amount unless you convince him to.

A Chicago Car Accident Lawyer  explains that pain and suffering cannot be easily qualified, and the adjusters usually do not agree with the amount the victim asks to be paid as compensation for pain and suffering. In this post, we will discuss some tips that will help you negotiate pain and suffering in a car accident injury claim.

Prepare well

Keep all your documents organized, and ensure that they can be readily accessed. The better you are prepared, the better your chances of winning the negotiation.

Learn about pain and suffering

Educate yourself about what is included as pain and suffering and what is not. This will streamline the negotiation and the adjuster will know that he is dealing with a person who understands the claims and the negotiation process. The basic thing to bear in mind is that pain and suffering is essentially a measure of how the car accident injuries have caused you to suffer, and remember, it includes psychological suffering as well.

Keep your tone with the adjuster professional

The insurance adjuster is not your friend. Even if he sounds amiable and polite, do not get carried away. Do not be too confident, harsh, or presumptuous. Communicate with him as you would do with any other professional. Keep the communication clear and avoid any misunderstandings.

Explain how the injury affected your life

Talk about things such as sheer terror of the crash, the helplessness you felt, and the fear of death it bought. Explain to the adjuster how these feelings affected you at the time of collision, and how will affect your life forever.

Do not be shy

It is good to be humble or understated, but not when negotiating with the adjuster. Do not be shy, and just remember that there are thousands of dollars at stake.

Tell the insurance adjuster how painful the whole experience was

Discuss everything in excruciating detail, right from the initial impact to the time you spent waiting for the emergency services to arrive. Talk about the unique circumstances of your crash, and how painful it was.

Explain how painful the treatment was

Talk to the adjuster about both the immediate medical treatment and the recovery period thereafter. Explain the enduring setting of the bones after the accident, and the pain you suffered when you lay in the hospital bed for a long time.

Explore all sources of information

Websites and courthouse records are a great source of information on the amounts that have been paid out in similar cases. You can do some research and look at jury verdicts in your state and local counties. Also, gather the driving record of the adjuster’s insured.

Explain Before and after

Tell the adjuster than you has no physical or psychological problems before the crash, and that you had an active lifestyle and you were leading a fulfilled life. Talk about how the crash changed your life forever, and how you will never will be able to enjoy the things you earlier could.

If you have been severely injured in a crash, make sure you hire a qualified Chicago Car Accident Lawyer, who can successfully negotiate on your behalf. Contact Willens Injury Law Offices today to handle your case.

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Millions in Case Verdicts & Settlements

Over the past two decades, Mr. Willens and his team of Chicago personal injury lawyers have been instrumental in obtaining numerous million-dollar-plus recoveries on behalf of clients in a wide variety of injury cases. One of the personal injury verdicts he was involved in was recognized by The National Law Journal as one of the Top 100 Verdicts in the country in the year in which it was tried. One of the verdicts he helped secure set a state record.

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