Can I Make a Pain and Suffering Claim Without a Lawyer

Even if you have legal representation, the majority of car accident cases typically settle through negotiations long before reaching the stage of filing a lawsuit or going to trial.

If you’ve experienced a minor car accident, it’s possible to navigate your case successfully without the assistance of a car accident lawyer.

Nevertheless, individuals seeking to represent themselves in accident cases should engage in thorough research and seek guidance on the optimal approach for pursuing their auto accident claims.

Continue reading to learn about fundamental procedures and advice on making a pain and suffering claim without the involvement of a personal injury attorney.

How to sue a car insurance company without a lawyer
Image source (Lawyers.com)

What Are Pain and Suffering?

Pain and suffering encompass both mental and physical distress, constituting grounds for seeking compensation in your car accident claim.

The extent of pain and suffering damages depends on the nature of the injury and the severity of the associated pain.

In the legal context, many states categorize pain and suffering damages under noneconomic damages, also known as general damages.

Unlike economic damages, such as quantifiable medical expenses and lost wages, noneconomic damages pertain to intangible losses where assigning precise monetary values proves challenging.

Unlike easily documented economic damages, pain and suffering damages are highly subjective in nature.

Whether To Proceed With or Without a Car Accident Attorney

Depending on the type of car crash, obtaining legal representation may save you time and money. Consider the following factors to determine whether you need an attorney to represent you during the settlement process.

The Seriousness of Your Injuries

If it’s a minor fender bender, the insurance might settle quickly for property and medical expenses.

For serious accidents with significant damages, like pain and suffering, consider getting a case evaluation from a personal injury lawyer.

Sufficiency of Evidence

You will need evidence, such as witness testimony or supporting documents, to make a successful claim.

If there is no evidence of your injuries to prove your pain and suffering, the insurance company or the court will assume that you did not suffer such damages and don’t deserve compensation.

If you’re having a hard time obtaining evidence for your case, you should consider getting help from a lawyer.

Proof of the Other Driver’s Fault

Ensure the other driver is at fault before making a claim.

If it’s clear they caused the accident and their insurance accepts liability, proceed without an attorney.

Seek legal advice if there’s a dispute or a counterclaim.

Don’t proceed until you’re certain the other driver was at fault.

Calculation of Your Pain and Suffering

You need to state a specific amount of pain and suffering damages, even though there’s no set equation to calculate this type of damage.

Some lawyers use the “multiplier” method to calculate pain and suffering damages.

If you’re unable to come up with a specific value for your pain and suffering or emotional distress damages, you should contact a personal injury lawyer.

Personal injury lawyers have the training to use their knowledge and experience to calculate the amount of money you are entitled to in a personal injury claim.

Making a Pain and Suffering Claim on Your Own

To claim pain and suffering, send the insurance company a demand letter. This letter summarizes your claim and damages.

Discuss your pain and suffering with supporting documents and evidence. Include recorded statements.

Read more: What happens if you fire your lawyer during trial

Supporting Documents

In order to establish pain and suffering, it is essential to provide supporting evidence through medical attention.

It is advisable to independently gather medical records and any related police reports.

Allowing the insurance company to handle the retrieval of your medical treatment records may grant them control over the selection of relevant documents.

Include the following documents, if accessible, in your demand letter to the insurance adjuster:

  1. Medical records, bills, and receipts
  2. Doctor’s note
  3. Police report
  4. Witness statements
  5. Photographs depicting your injuries and vehicle damage
  6. Proof of any lost wages

Statement on Your Pain and Suffering

When composing your letter seeking a settlement for the car accident, elucidate the methodology employed to quantify the compensation for pain and suffering.

Articulate the ways in which the aftermath of the car accident has influenced your daily life.

Delve into the following aspects when addressing pain and suffering:

  1. The extent of your injury
  2. The location and characteristics of any scarring or disfigurement
  3. The duration of recovery required
  4. The likelihood of persistent repercussions
  5. The sum specified in special damages
  6. Socio-economic considerations
  7. Any applicable damages cap in your state, if applicable.