Most car accident cases don’t go to trial because they are settled through negotiations. Minor car accidents do not require legal representation so you can successfully settle your case without hiring a car accident lawyer. But, if you plan to represent yourself when making a pain and suffering claim, you should know basic procedures and tips on how to do it successfully without representation.
Get to Understand What Pain and Suffering Is
Pain and suffering is any physical or mental distress for which you are seeking damages for in a car accident claim. The amount of compensation you will receive will depend on the seriousness of your pain and the type of injuries you suffered. Pain and suffering damages are classified as general damages or non-economic damages. This makes them highly subjective unlike economic damages such as lost wages and medical expenses.
Should You Hire a Car Accident Attorney to Help You with Your Case?
Hiring a car accident lawyer will help you save money and time but this depends on what kind of a case you are dealing with. Below are some factors you should consider when deciding wither you should retain legal counsel or not:
How Serious are Your Injuries?
It’s highly unlikely you would have a hard time dealing with an insurance company over compensation for medical expenses and property damages if you were involved in a fender bender.
However, if your injuries were severe and damages like pain and suffering are involved, it’s best to hire a car accident lawyer so that they can properly evaluate your case. Insurance companies care about their bottom line so they will more than likely give you a low settlement offer.
Do You Have Supporting Evidence?
Simply stating you are going through a lot of pain and suffering isn’t enough because this isn’t something you can measure by just looking. You will need supporting documents and witness testimony to make a successful claim.
You could take pictures to show the extent of your injuries, for example. This way, it’s much easier for others to understand the physical pain that you are going through. You can also have your doctor as an expert witness so that they can accurately explain the kind of treatment you had to go through on your road to recovery.
Keeping a medical journal detailing your journey to recovery is also a good way of expressing your mental anguish. For instance, if you were a hiker and the doctors had to amputate your leg as a result of the injuries, you can write down how this made you feel every time you had to miss a hiking event or any other event that required you to use both your legs.
If you are having a hard time gathering evidence for your case, consider hiring a lawyer to help you out.
Can You Prove the Accident Wasn’t Your Fault?
Make sure the other driver was at fault for the accident if you are making a claim against them or their insurer. If you are able to do this then you will be able to successfully file your claim without a lawyer. However, it’s not always easy to prove fault and the other driver might make a counter-claim. If there’s a dispute about who’s at fault, then you should consider retaining a lawyer to help you with your case.
Can You Calculate Your Pain and Suffering?
There is no specific method to calculate pain and suffering but you need to state a specific amount. If you do not have experience or professional knowledge to calculate the amount of damages you suffered, you might state a very low amount that you don’t deserve.
It’s a Good Idea to Get Professional Help with Your Pain and Suffering Claim
Once you consider all the above factors, you will see that hiring a personal injury lawyer to help you with your pain and suffering claim is a good idea.
Pain and suffering claims in auto accidents are not as straight forward as economic claims. If you are not able to calculate how much you are entitled to in damages or you are having trouble presenting evidence of your claim, then you should seek help. If you live in New Bedford, MA, you can get in touch with one of our car accident lawyers by calling 508-999-0800 to schedule your free initial consultation today.
