“Pain and Suffering” Insurance Claims
Almost all car accident cases involving an injured driver or passenger can lead to filing an insurance claim or a lawsuit. Most people seek to recover out-of-pocket expenses and “pain and suffering.” While out-of-pocket costs, including medical bills, are typically easy to document and prove, “pain and suffering” is less tangible and hard to prove.
In the U.S., most states follow a standard fault-based liability system in the event of a car accident. The at-fault driver is considered at fault and is held financially responsible for all reasonable damages caused by the crash.
However, there are some states that follow a “no-fault” insurance system, which means you cannot make a personal injury claim or collect payment for pain and suffering. The only way you can is if your medical bills cross a specific dollar amount limit, which is different for each state. In other states, if you can prove someone’s negligence caused you harm, you can recover compensation from that person (typically through their car insurance policy), and that includes pain and suffering damages.
Before You Pursue a Claim
It is important to understand the seriousness of the accident caused by the negligence of someone else. It takes time and effort to make a claim. Car insurance companies can be difficult to deal with, especially if it is the other driver’s insurance and things start to get hostile. If you cannot settle your claim with the insurance company, filing a lawsuit is your next step.
Legal action can be costly and stressful, especially since you’ll more than likely have to give a statement. Before making a claim or filing a lawsuit, it is best to know how a case will pan out – which can help you figure out if it is worth the effort. If the damage is a slightly sprained ankle, it may not be worth the stress. Of course, if you end up with significant medical bills or if your life has been greatly affected by accident, making a claim is the right move. Dealing with an insurance company or its lawyer can be frustrating and time-consuming.
Our Emanuel J. Abrishami handle car accident cases all the time and they will know exactly how to help you. Give One Law Group a call today at (310) 923-9420.