Pain and suffering is quite different from hard costs that are quantifiable such as medical expenses, doctor’s bills, and so on. However, you can claim pain and suffering, for a slip and fall accident, if the injuries you have suffered due to the fall are directly causing you mental anguish and pain. Nevertheless, these claims are particularly difficult to negotiate and there are no definite laws that can compel an insurance adjuster or the owner of the property to pay for pain and suffering.
A Strong Fight
Usually, in auto accidents where the injuries could be severe, the unofficial norm for calculating pain and suffering damages is five or three times the hard cost. However, the damages you will receive will largely depend on the strength of your case and negotiating tactics used by your accident lawyer.
In most slip and fall cases the adjuster will mainly consider the likelihood of you pushing for a trial and how much a jury is likely to award for pain and suffering. The adjuster will weigh the increased expenditure of going to trial and might make an offer for settling a pain and suffering claim.
No Certain Amount
Since, pain and suffering is not exactly quantifiable, it can be difficult to negotiate an amount. There are also no reference guides to help estimate an amount for pain and suffering, and it will mainly depend on the negotiating tactics of the accident lawyer.
It will also depend on how much the adjuster is amenable to a reasonable settlement. The insurance adjuster will usually have the upper hand, and will try to pay as little as possible or not at all. Therefore, it will mainly depend on the negotiating strategies of your accident lawyer to convince the adjuster into settling for an amount for pain and suffering.
A Suitable Ending
This adjuster will certainly be challenged by your attorney. The adjuster would rather just work with you because they know that you do not have the stamina to fight this game like they do. They have been around the block before and they will use vernacular you are not familiar with. They will stress you out because they know you have other things to worry about such as work and family. You also have your health to consider. They will use these distractions against you. This is why you have hired an attorney to carry this burden for you and to work out a deal for you that will help you out.