When you are trying to negotiate a pain and suffering settlement after an accident of any kind, you first must be able to measure the damages you suffered. If you sustained personal injuries, for example, then seeking medical attention is critical. A doctor will not only tend to your injuries and send you on the path toward recovery, but they can also determine the extent of your damage. This information will serve you as you continue through the negotiations process.
Of course, negotiating for pain and suffering is a bit more complex. Depending on the nature of the incident, you may be required to cite various forms of evidence including hospital bills, lost wages, police reports, and more. The negotiations process can be lengthy and stressful, especially if you do not have experience in dealing with parties such as insurance adjusters. An accident lawyer who focuses on pain and suffering negotiations can put their experience to work for you as they handle all correspondence with other parties involved in your incident.
Understanding Relevant Laws When Negotiating Pain and Suffering Settlements
A complex web of both state and federal laws may be relevant when negotiating for a pain and suffering settlement. For example, a statute of limitations puts a limit on the amount of time you have to act after an accident. As Ohio Revised Code (ORC) §2305.10 points out, you have a limited time to take action after an incident that causes personal injury. If you fail to take legal action after a period of up to two years, then you forfeit your chance to do so. Contacting a lawyer immediately after an accident that caused you pain and suffering can be a difficult thing, but it will give your legal team the time they need to begin building a personal injury case on your behalf.
Some insurance policies may cover intangible damages such as pain and suffering. Many people simply assume that their health insurance is sufficient to cover the full costs of an accident. However, in many cases, health insurance may only cover medical bills without taking other losses into account. Negotiating for a pain and suffering settlement can be difficult, but it is often worthwhile if you experienced severe trauma and pain after an accident.
If you are involved in an accident with an uninsured motorist, then you need to account for this, too. Most states, including Ohio, have provisions in place when a driver is part of a collision with an uninsured or underinsured driver. Uninsured motorist coverage in the state of Ohio can come in handy, as it may cover expenses beyond your medical bills. According to the Ohio Department of Insurance, in addition to the medical bills, uninsured motorist coverage can also cover other expenses related to your accident injuries to include pain and suffering and lost wages.
Forms of Compensation that May Be Included in a Settlement Negotiation
In the negotiations process, your legal team will pursue any forms of compensation that you may be owed. Lawyers often utilize intensive evidence gathering to aid in establishing a liable party. Once a liable party has been established, a lawyer can begin the process of going after any compensation to which you may be entitled. Possible forms of compensation that you may recover after an accident include coverage of the following:
- Physical pain
- Loss of consortium
- Lost wages
- Emotional trauma
- Loss of companionship
The range of pain and suffering that follows a traumatic incident is nearly impossible to pin down. With so many factors at play, a lawyer will consider all facets of your situation to help lead the fight for justice.
Contact Our Office Today to Learn More About Settlement Negotiations
If you are having any trouble negotiating a pain and suffering settlement after an accident, then a personal injury lawyer who focuses on these cases can stand up to offer you their assistance. At the Fitch Law Firm LLC, our team of accident attorneys is here to offer you a legal defense after any incident that causes you pain and suffering. We understand the particular challenges that often arise after an accident, and we are passionate about the pursuit of justice on behalf of our clients.
Our legal team will compile evidence, establish liable parties, and go after any forms of financial compensation to which you may be entitled. Contact us today at (614) 545-3930 to speak with a member of our legal team for a free review of your case.
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