The Insurance Company’s Point of View
While a judge or jury in a civil trial can award pain and suffering damages, most car accident cases begin with a damage claim filed by the plaintiff against the defendant’s insurance company. Your lawyer can demand a fair amount and negotiate with the insurer for a reasonable settlement. If the insurer will not offer a fair award, your attorney can file a personal injury suit and fight in court to get you adequate compensation.
A vehicle insurance company generally uses a computer program to determine what it should offer in pain and suffering compensation for an accident resulting in certain types of injury, so the insurer is likely to counter your lawyer’s demand with a lower offer generated by the computer. At that point, negotiations begin. How much you ultimately receive depends on what the insurer thinks your lawyer can get if your case results in a trial, which would be costly for the insurance company and time-consuming for its attorneys.
How a Lawyer Can Help
While you’re focused on your recovery from injuries suffered in the crash, your attorney can:
- Consult with your doctors to organize your medical evidence and present it convincingly in insurance claim negotiations or at trial
- Call in expert witnesses to testify as to the type, degree, and duration of your pain and suffering
- Make sure there’s an itemized list of all factors relevant to your pain and suffering on the verdict sheet that jurors must fill out in a civil trial if your case goes to court
- Call you and your family members to testify in court about the impact of your pain and suffering on your daily life
- Determine what the defendant’s insurance coverage limits are
- Find alternate sources of compensation or file a third-party suit, if appropriate
- Be aware of Maryland’s current cap on pain and suffering damages ($905,000 in 2023)
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