Car accident pain and suffering

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Nov 7, 2019
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#1
Hello, I would just like to ask for some guidance. A friend told me about this site and really looking forward to hearing some advice.

I'm a 55 year old man and never really gotten into a car accident. I was hit around my neighborhood blinded which was a shock to me. It wasnt that hard of a hit but it was enough to damage my whole left rear bumper which I feel will need to be replaced. The other driver accepted full liability, police was called and we have a police report. 2 days later I felt pain and stiffness in my neck and back and became harder for me to sleep because it was bothering me. I filed an injury claim with the at fault insurance. I went to my primary doctor which ordered xray and prescribed me some pain killers. Xray came back clean. Although I know minor pain, bruises and sprains are not seen in the xray. I would still like to be compensated because of the inconvenience, pain and suffering this cost. Would I still get compensated and how should I go through with this? Thank you very much
 
Likes: calihankl
Jun 12, 2019
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#3
Here's and article by Allstate that speaks to your question:


I would consult with your insurance agent about your the claim you filed with the at-fault insurer. You could also consult with a reputable injury lawyer.
Ditto on the attorney advice. Too many variables and you need someone to protect your interest. It probably will not be the at fault party's insurance adjuster who will give you the best advice on your injuries.
 
Feb 24, 2018
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#4
We are not qualified to give and are not giving legal advice.

Somehow, somewhere the narrative jumped off the tracks and people began to buy into the idea that when they are inconvenienced (and I don't mean to diminish you, OP-- I am using your own words, that you want to be compensated for your inconvenience) in any way, they are owed compensation. Pain and suffering damages are for people who undergo a harm and whose lives are transformed without leaving a physical or otherwise easily defined injury. Think someone who is in such a horrific car accident that the flashbacks leave them unable to sleep at night, unable to work, unable to get into a car as a passenger to go to the grocery store, but they are miraculously uninjured. "Pain and suffering" damages leave these people able to be compensated when they would otherwise be without recourse. Pain and suffering is not for inconvenience and small physical pains and minimal temporal suffering.

Occasionally, cases make it into the news or popular lore that seem to defy the true point of "pain and suffering" damages that are either a.) not at all true to what actually happened or b.) are a true anomaly and perpetuate the idea that life's inconveniences somehow lead to a pain and suffering payout. This is just not the reality.

If you wish to seek advise over whether you are due compensation, rather than lay opinions, you should seek legal advice from a lawyer.
 
Jun 12, 2019
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#5
We are not qualified to give and are not giving legal advice.

Somehow, somewhere the narrative jumped off the tracks and people began to buy into the idea that when they are inconvenienced (and I don't mean to diminish you, OP-- I am using your own words, that you want to be compensated for your inconvenience) in any way, they are owed compensation. Pain and suffering damages are for people who undergo a harm and whose lives are transformed without leaving a physical or otherwise easily defined injury. Think someone who is in such a horrific car accident that the flashbacks leave them unable to sleep at night, unable to work, unable to get into a car as a passenger to go to the grocery store, but they are miraculously uninjured. "Pain and suffering" damages leave these people able to be compensated when they would otherwise be without recourse. Pain and suffering is not for inconvenience and small physical pains and minimal temporal suffering.

Occasionally, cases make it into the news or popular lore that seem to defy the true point of "pain and suffering" damages that are either a.) not at all true to what actually happened or b.) are a true anomaly and perpetuate the idea that life's inconveniences somehow lead to a pain and suffering payout. This is just not the reality.

If you wish to seek advise over whether you are due compensation, rather than lay opinions, you should seek legal advice from a lawyer.
Adjusters don't even call it pain and suffering. On a Bodily injury claim there are general damages and special damages. General damages can include:
  • physical pain and suffering
  • physical disfigurement
  • physical impairment
  • mental anguish
  • loss of companionship (paid to family members in wrongful death cases), and
  • lowered qualify of life.
  • Loss of enjoyment
Special damages are actual damages such as loss wages and medical bills. So I suppose inconvenience can be classified as general damages. There were even loss of consortium claims from the spouses on a soft tissue claim that I had to settle. Loss of Consortium which means loss of services to the spouse. What is means is basically you are so hurt your spouse is denied the pleasures of marriage, such as sex and that the need to be compensated. That is normally reserved for accidents that are so severe that you can't function but attorneys has built it into settlements demands and insurance companies don't want to fight for a few hundred dollars more.

Insurance company can be sued by their insured if there was an opportunity to settle within the insured's policy limits but decides to fight it. For instance, your BI policy limit is 15k per person 30k per accident. The claimant makes a settlement offer for 15k and you refuse to settle and opt to go trail. The case was decided by a jury for 100k. Your insurance company pays their limit of 15k and they try to collect 85k from the insured and the insured is force to sell assets to pay the difference. Through discovery, the insured found out that there was a settlement demand of 15k and the insurance company decided to fight instead. He would have a case to sue his insurance company for bad faith for 1 million dollars and expose the insurance company to a liability larger than the 15k they should of settled at. Insurance companies do not want this liability, so injury claims are settled with pretty broad definition of general damages.

My point is, we know the definition of these damages but sometimes they have to consider them to induce a settlement due to the cost and possible additional expense of a trail or the possibility of bad faith. This is probably why rates are high but that is a discussion for another time.
 
Sep 19, 2015
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#6
Hello, I would just like to ask for some guidance. A friend told me about this site and really looking forward to hearing some advice.

I'm a 55 year old man and never really gotten into a car accident. I was hit around my neighborhood blinded which was a shock to me. It wasnt that hard of a hit but it was enough to damage my whole left rear bumper which I feel will need to be replaced. The other driver accepted full liability, police was called and we have a police report. 2 days later I felt pain and stiffness in my neck and back and became harder for me to sleep because it was bothering me. I filed an injury claim with the at fault insurance. I went to my primary doctor which ordered xray and prescribed me some pain killers. Xray came back clean. Although I know minor pain, bruises and sprains are not seen in the xray. I would still like to be compensated because of the inconvenience, pain and suffering this cost. Would I still get compensated and how should I go through with this? Thank you very much
I am not sure if the person who directed you to this site understood the point of the site.

This is a forum for consumer advocacy.

You want to be compensated for inconvenience pain and suffering for perhaps a soft tissue injury. Have you actually missed work?

A car accident and injuries and pain and suffering are not consumer issues but legal issues.

The OP has all the tools they need — with the appropriate catch words that one hears on the lawyer ads— soft tissue injury not visible on X-ray etc.. to approach a personal injury lawyer licensed in the appropriate state.