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After you’ve suffered a severe injury due to someone else’s negligence, you may need to take legal action to help cover medical expenses, lost wages and other damages.
This is especially important if your injury could have some permanent effects, such as long-lasting pain or discomfort, disfigurement or various physical limitations.
Your personal injury lawyer will help in this process, providing an in-depth understanding of the value of your claim and working with insurance claims adjusters to reach an appropriate settlement.
When calculating your demand for compensation, you will use a multiple of your actual costs, which include your medical bills, lost income from missing work, property damage and other out-of-pocket expenses, such as legal fees. You may also account for pain and suffering and other “noneconomic” damages, which are separated into two categories:
Past pain and suffering: This is the trauma you endured from the time of the injury through the completion of your medical treatment. This pain and suffering has a measurable duration, as it comes to an end at a certain point.
Future pain and suffering: This is pain and suffering endured into the indefinite future, with an unknown duration. This is more likely to be the case for people who have suffered injuries that may impact the rest of their lives, such as chronic back pain or a spinal cord injury.
As you calculate a settlement demand, you must place yourself into one of these two categories. The second category will allow you to demand more money than the first, so long as can reasonably demonstrate that there’s the potential for indefinite damage to your quality of life.
Evaluating your pain and suffering compensation
Before you even begin calculating the compensation you will demand for your pain and suffering, you must consider how you will convince the insurance adjuster to offer a larger figure. The initial settlement offer adjusters provide will likely be less than what you deserve. You and your attorney must make logical arguments backed up with credible evidence. Hiring a quality personal injury attorney is the only way to properly analyze the value of your pain and suffering.
For more information on how you can get the best settlement possible in your catastrophic injury lawsuit, speak with a skilled personal injury attorney at Robinson & Yablon, P.C., serving Manhattan, Queens, Brooklyn and the Bronx. Our accomplished attorneys care deeply about advocating for your best interests while allowing you to focus on your physical recovery.