How to Negotiate Pain and Suffering Claim after a Car Accident

Hoffmann Law Firm
3 min readOct 16, 2015

If you suffer an injury as a result of an accident, you may be entitled to financial compensation, not only your medical expenses and lost earnings but possibly your pain and suffering. However, negotiating your car accident claim for pain and suffering is typically a difficult task.

In most cases, an insurance adjuster may agree to the fact that there was pain and suffering as a result of the insured’s negligence. However, they may still deny the amount you are claiming. Fortunately, there are ways to estimate the amount you are entitled to. While this will not guarantee success, it may help you negotiate with the adjuster from an informed perspective. Here are some strategies to negotiate a car accident injury claim.

Always do your homework

As with many other things in life, negotiating a claim requires preparation. Keep all the necessary documents handy, and make sure you know why you need them and how to access them quickly.

Understand the legal definition of pain and suffering

The benefit of speaking with a personal injury lawyer is that they will clearly understand and be able to explain what is considered pain and suffering, and what is not. This is important for you to understand. In a broad sense, pain and suffering is the measure of your subjective pain. You may have proof for the injury you suffered, but it is more difficult to prove the severity of your pain. This is where the confusion arises. Measuring an appropriate compensation amount for your pain and suffering is not an easy task. How would you measure what your pain is worth? Suffering may also consist of mental anguish, including the stress, fear and feelings of uncertainty.

Negotiating with confidence

It is important to negotiate with with confidence. You should sound neither desperate nor causal. Make your points gently in a calm manner. Don’t be in a hurry to come to any conclusion. Also, never insult or badmouth the adjuster. You should not presume anything before you start negotiating. It is never a good idea to get personal with the claim adjuster.

Never propose something illegal

This is a common mistake made by accident victims. You may fail to understand something that the claims adjuster said. This may lead you to think it is okay to make an illegal proposal. If you propose something wrong, the adjuster may simply stop negotiating with you.

Initiate candid communication

Whenever possible, tell the adjuster about the consequences you suffered after the accident. A little personal touch in your communication can go a long way to convince the adjuster. Share your experience and talk about your pain and suffering.

Cite references

It is always a good idea to refer to some similar case studies, so as to convince the adjuster how much compensation you should receive.

It is important to realize that negotiating on your own is very risky. It is highly recommending that you contact an attorney immediately after an accident (before speaking with insurance adjusters) to ensure your rights are protected. An experienced St. Louis car accident attorney at The Hoffmann Law Firm, L.L.C. can negotiate on your behalf and work to get full compensation for your pain and suffering.

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Hoffmann Law Firm

St.Louis Car Accident Attorney - Helping Recover after Auto Accidents in Missouri and Illinois. The Hoffmann Law Firm, L.L.C.