If you’ve been injured due to another person’s negligence, negotiating a settlement for your pain and suffering can be challenging, especially without legal representation. While you might consider handling negotiations yourself to avoid attorney fees, it’s important to understand the complexities and pitfalls involved.
Step 1: Understand Pain and Suffering Damages
Pain and suffering damages are meant to compensate you for physical discomfort, emotional distress, mental anguish, and reduced enjoyment of life. Unlike economic damages (medical bills and lost wages), these damages are subjective and challenging to quantify.
Step 2: Collect Strong Evidence
Negotiating effectively requires strong, comprehensive evidence. This includes medical documentation, treatment records, expert opinions, witness statements, and detailed records documenting the impact of your injury. Clear and compelling admissible evidence can support your claim and significantly influence the outcome.
Step 3: Calculate a Fair Value
To negotiate effectively, you need to have a realistic estimate of what your pain and suffering is worth. Commonly used methods include:
- Multiplier Method: Multiply your economic damages (medical bills, lost wages, etc.) by a figure typically ranging from 1.5 to 5, depending on injury severity.
- Per Diem Method: Assign a daily value to your suffering and multiply this figure by the total number of days you experienced pain and suffering.
- Historical Data: A review of what jurors have awarded in similar situations in the past.
Step 4: Submit a Clear Demand Letter
Start the negotiation by submitting a clear and professional demand letter to the insurance company. This letter should detail your injuries, the medical treatment received, the pain and suffering you’ve experienced, and the compensation you’re requesting. Support your claim with documentation wherever possible. Reference to legal authorities that support your position and cite to case law that triggers certain cuties and responsibilities of the insurance company, such as the Stowers Doctrine.
Step 5: Negotiate Confidently
Be prepared for back-and-forth negotiations with the insurance adjuster, who will likely offer a settlement below your initial demand. It’s essential to negotiate confidently, remain patient, and clearly explain why your requested amount is justified under the law and various legal precedent.
Pitfalls of Negotiating Without an Attorney
While handling a pain and suffering claim yourself might seem straightforward, there are several critical risks to consider:
- Undervaluing Your Claim: Without professional guidance, you will underestimate or overestimate the true value of your claim. In either situation, you are working against yourself by either accepting to little, or by demonstrating your inexperience to an insurance company.
- Navigating Complex Insurance Tactics: Insurance companies use trained adjusters who aim to minimize payouts. Without experience, it’s easy to be pressured into accepting a low settlement.
- Emotional Decisions: Personal injury negotiations can be stressful and emotional, potentially leading to rushed or poor decisions that you will regret later.
The Value of Hiring an Experienced Attorney
Hiring an experienced attorney significantly enhances your ability to secure fair compensation. Attorneys understand how to evaluate your case thoroughly, effectively counter insurance company tactics, and ensure your pain and suffering is fully accounted for in negotiations. Studies consistently show that plaintiffs who have professional legal representation often receive significantly higher settlements.
When choosing an attorney, it is important to choose one with knowledge and experience. Perkins & Perkins has a proven track record of representing plaintiffs in a variety of personal injury cases. Our abilities are demonstrated by an $18,111,232.00 verdict we secured in 2022, which was recognized as the largest construction injury verdict in Texas, that year.
Perkins & Perkins offers free consultations and operates on a contingency fee basis for injury cases. This means that you pay nothing unless we recover damages for you. With our proven knowledge and experience, we stand ready to help you. Contact us today for a consultation to discuss your options and take the first step in claiming justice for a loved one.
