Are you a victim of a slip and fall accident in New Bedford and you would like to know how to negotiate pain and suffering with an insurer? We have great negotiation tips that you can use to negotiate the maximum amount possible with your insurer. You should, however, get your claim evaluated by a skilled New Bedford slip and fall accident lawyer to ensure you’re not leaving any money on the table.
Negotiating hard costs with the insurance adjuster is not difficult because they are measurable. All you need to do is show receipts for your medical bills and any damages such as lost wages. However, calculating the value for pain and suffering is not straightforward because there is no objective way to measure pain and emotional distress after a slip and fall accident. Below are some useful tips that you can use to negotiate with your insurance company for a settlement.
How to negotiate pain and suffering compensation for your slip and fall injuries
Correctly define pain and suffering
Pain and suffering is the emotional distress that you went through while nursing your injuries following the slip and fall accident. Pain and suffering includes:
- Embarrassment and humiliation. Your injuries might have rendered you incapable of doing normal tasks such as using the bathroom on your own. Asking for help to use the bathroom can make someone feel embarrassed and humiliated.
- Emotional suffering. You might also not be able to engage in activities that you used to enjoy due to your injuries and this could lead to emotional distress.
- Psychological distress. You might suffer from PTSD and develop a phobia of falling again. You might also experience bad dreams or anxiety.
Manage your expectations
If you suffered severe injuries from a slip and fall accident, it is best to hire an experienced slip and fall accident lawyer in New Bedford to negotiate on your behalf. With that being said, you can handle your own slip and fall accident claim if you suffered minor injuries but you should be aware that insurance adjusters put a very low dollar value on pain and suffering for such claims.
Pain and suffering are calculated by adding up your hard costs and multiplying them by 3. For example, if your hard costs are $10,000, the value of your pain and suffering claim will be $30,000.
However, if you’re filing a severe injury claim and you have a new Bedford slip and fall accident lawyer handling your case, you might get awarded five or six times the total hard cost. If your injuries are permanent, you might get a higher amount.
Describe how your injuries disrupted your life
Minor injuries can cause significant pain and limit your daily activities. Use descriptive language to explain exactly how the pain from your injuries impacted your daily life.
Example
Jane enjoyed a very active lifestyle before her Slip and fall accident. she went to the gym 5 days a week and every weekend she would go dancing, hiking or any other outdoor activity. But due to a sprained ankle resulting from her slip and fall accident, she’s not able to engage in these activities. Moreover, her pain medication causes her constipation and nausea. She is also not able to care for her children and she is required to move around using crutches.
Provide evidence of your pain and suffering
Insurance adjusters will always claim that you are exaggerating the extent of your pain and suffering if you have soft tissue injuries like sprains and bruises. You have to back up your claim with evidence like:
- Notes in your medical records showing how your pain has limited daily activities
- Orders from the doctor restricting you from strenuous activity such as heavy lifting
- A personal journal detailing your pain levels on a daily basis or any other limitation your injury caused you
- Activities that you had to miss out on because of your injuries
Common Mistakes to Avoid When Negotiating Pain and Suffering
When negotiating pain and suffering in a New Bedford slip and fall accident claim, one of the biggest mistakes you can make is accepting the first settlement offer. Insurance companies often start with a low offer, hoping you’ll settle quickly before fully understanding the value of your claim. It’s important to remember that once you accept a settlement, you typically cannot go back and ask for more compensation, even if your condition worsens. Taking time to evaluate the offer and, if necessary, negotiating further can significantly increase your final settlement.
Another common mistake is downplaying your injuries or failing to communicate the full extent of your suffering. Many accident victims try to appear “okay” or minimize their pain when speaking with insurance adjusters, which can be used against them later. Be honest and consistent about your symptoms, limitations, and emotional distress. Keeping detailed records and clearly expressing how your injuries affect your daily life can make a substantial difference in how your pain and suffering damages are valued.
Talk to a New Bedford slip and fall accident lawyer about your claim
If you are not sure how to build your slip and fall accident cas, you should consult a slip and fall accident lawyer in New Bedford. You can also consult them at any time during your negotiation with the insurance company and get their perspective on the value of your claim. Book your free initial consultation with us at 508-999-0800.
