You had a motor vehicle accident
some time ago when a local character by the name of Fred Fuddle smashed into
your truck, and now you’re in the home stretch with his Adjuster, I.M. Smart.
You’re going to be paid for your loss by Smart’s employer, Granite Mountain
Insurance. A good portion of it will be for your pain and suffering. That is,
in insurance lingo, your Compensatory Damages. Let’s talk about these different
types of damages.
PAIN AND SUFFERING: As
stated before, your pain and suffering falls under the category of Compensatory
Damages. The type of injury you suffered, as a result of Fred Fuddle crashing
into you, plus the nature and length of your treatment, are two of the best
indicators to Granite Mountain regarding the pain and suffering you have experienced.
However, there are several other areas you should call to the adjuster’s attention
to help make him more aware of what you’ve been dealing with.
BODILY INJURY PAIN: How
much pain can an individual stand? The answer to that is reaction to pain not
only differs with each of us, but often within each of us. While pain can usually
be scientifically measured, the limits of human endurance cannot. We all have
a different pain threshold - that is, the point at which we begin to feel physical
distress as we enter into, and then deal with, a period of some type of pain
and suffering.
A lot depends on what’s going
on in your life and how you experience it. Temperament and psychological factors
are also involved. Like, for example, your personal life is in a shambles -
for any number of reasons - and that has hindered your ability to recover. Or,
perhaps the company you work for is on the brink of bankruptcy! That will surely
give you some extra stress to deal with.
The mechanism through which
you feel an injury is so complicated that there are times when the same pain
appears to be more (or less) than that of previous days. For example: one day
you might have a problem that causes you to complain endlessly. This makes you
impossible to live with and your pain seems to be much stronger. Yet, a similar
situation on another day, doesn’t upset you very much and the pain is not nearly
as bad.
MEDICATION:
The fact that you were prescribed either over-the-counter and/or prescription
medication by “Doc” Comfort, your family physician, to relieve pain, inflammation
and/or any other injury symptoms, will help to solidify your claim to I.M. Smart
and his superiors at Granite Mountain Insurance. If you needed medication (especially
for pain) it helps prove that your injuries were serious and caused you to endure
a great deal of pain and suffering. No matter which way you slice that cake,
the more powerful the medication, and the longer it’s prescribed for, the greater
the value your claim will be. That’s a fact of life in the business of insurance
claims. Remember, we are not looking for ways to “screw” an insurance company
here, we are looking for ways to help prove your claim so that you don’t get
taken advantage of.
LENGTH OF RECOVERY:
The longer your recovery period, the greater your pain and suffering, therefore
the higher the settlement value of your bodily injury claim. Simply put, big
boo-boos take longer to heal than little ones. And the longer your injury takes
to heal, the more pain and recovery time you must endure. Make sure “Doc” Comfort
clearly indicates this length of time in his Final Medical Report. Tell him
that he must state in writing, via the weeks and months, how long it was before
you were able to engage in routine activities. Make sure he doesn’t send that
report directly to Adjuster Smart. You get it first and then later on you’ll
send it along to Smart. But before you do, read it very carefully. This is a
very crucial document. If “Doc” Comfort hasn’t clearly stated the healing timeframe,
hand it back to him and tell him that he must. You have every right to insist
that he does. After all, it’s your report and your insurance claim!
SCARS:
In most instances, large and obvious scaring increase’s the value of your claim
- especially if the scarred portion of your body is visible. If you’ve been
sitting at a desk for 25 years and your chin is double, your hair is gone and
you own a bulging stomach, and that’s where the scar is, it’s not going to be
much of a problem in your future, therefore it isn’t “worth” much. But if you’re
a tall, dark and handsome twenty year old and the scar is on your face, now
you are going to probably suffer some immediate and future problems. Take colored
photographs of every scar, every scrape with swelling and/or discoloration to
your skin, and every black and blue mark on your body! If you’ve been in a fairly
serious accident you will have plenty of bruises. (In my next article, I will
discuss the importance of taking photographs more in-depth)
After you’ve handed a copy of
those photographs to Adjuster I.M. Smart he’ll be sending them to his boss at
the Home Office. I’ve been in that seat so I can flat out guarantee you his
supervisor will stare at those photos and, if you have serious and real injuries,
gasp. He’ll take a deep breath and send Smart a one liner that reads something
like, “Do whatever it takes to get rid of this one. Settle it and let’s move
on.” If a scar is really bad, insist that “Doc” Comfort refer you to a plastic
surgeon for an opinion as to whether your scar can be repaired and/or removed.
Once you’ve been examined, ask the specialist to detail in writing (and insist
that he send his report to you) how much it will cost to make it look right
again. Be sure to include the plastic surgeon’s report, plus the bills for the
visits to his office, as part of your claim to Adjuster Smart. These facts,
clearly and honestly stated, will absolutely, positively give your claim more
validity.
DISCLAIMER: The
only purpose of this article is to help people understand the motor vehicle
accident claim process. Neither Dan Baldyga nor 10-4 Magazine make any
guarantee of any kind whatsoever, nor do they purport to engage in rendering
any professional or legal service, nor to substitute for a lawyer, an insurance
adjuster, or claims consultant, or the like. Where such help is desired,
it is the individual’s responsibility to obtain said services.
Dan Baldyga has a lifetime of experience in motor vehicle accidents, personal injury and compensation. Over the years, Dan has written several books regarding personal injury claims. In his books, Dan reveals some of the industry secrets surrounding these types of claims. His latest book, entitled Auto Accident Personal Injury Insurance Claim (How To Evaluate And Settle Your Loss) can be found online at www.autoaccidentclaims.com or at your favorite bookstore.
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