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Car accident claims include a variety of different damages that are legally allowed by most jurisdictions. Among the most common damages claimed are medical bills, lost wages, property damage and mental anguish. While items such as out-of-pocket expenses and lost wages are susceptible to easy computation, other injuries such as mental anguish, pain and suffering, vocational impairment and disfigurement, are much harder to evaluate.
Lost wages may be claimed if the injured party was unable to engage in their usual occupation due to the accident injuries. Typically, tax returns or W-2s can substantiate this claim for most insurance adjusters. Without a past work history prior to the accident, most courts will not allow a lost wage claim, reasoning that it is too speculative.
Pain and Suffering
Pain and suffering or mental anguish claims are the hardest damages to evaluate. Some insurance adjusters like to work with multiples to arrive at this number ( i.e. 2 X medical bills). In my experience, adjusters commonly under estimate mental anguish claims, focusing mostly on the actual monetary damages. I would always recommend consulting with an attorney before settling any accident injury claim, particularly when the adjuster is not properly taking the pain and anguish claim seriously.
Talk to an Attorney First
You should consult a lawyer experienced in auto accident compensation and other accident injuries in order to determine the best course of action for filing suit against the liable party.
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