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How are Pain and Suffering Damages Determined?

In order to determine pain and suffering damages, insurance companies will consider both the type of injury you suffered and the nature of the medical treatment for the injury. Arriving at the appropriate settlement amount for pain and suffering damages is not an exact science, so it is important that you help your cause by keeping proper documentation.

Insurance adjusters will look for concrete evidence that your injury was painful. If your doctor prescribed medication to relieve pain, inflammation or any other symptoms, it can help to convince the adjuster that your injuries are serious. Additionally, if a medication is particularly strong, or is prescribed for long periods of time, it can greatly influence your settlement.

The longer your recovery period, the more impact the injury will have on your claim. Your medical records are the most effective way to let an insurance adjuster know the amount of time your injuries will need in order to heal. This can be achieve through your doctor’s initial prognosis, or by any repeat doctor’s visits you make.

In addition to your medical records serving as proof of pain and suffering, you can also document your injuries and take photographs of the healing process. If the pain caused by your injuries is interfering with your ability to lead your life as you did before the accident, write down any daily activities you are unable to do or any other tasks you are having difficulty performing as a result of your injuries. If your injuries are visible, take pictures of them regularly. Many cameras and smartphones are equipped with a date stamp function. Be sure to date stamp the images in order to prove how long it’s taking for them to heal.

In order to get the most out of your injury settlement, it is important to be proactive. Keep extensive documentation and make all your scheduled medical appointments. The experienced San Antonio personal injury attorney Hill Law Firm can help you prove the extent of your injuries in order to get the compensation you need to move forward. We handle cases all over the great state of Texas and get you the justice you deserve. Contact us at (210) 960-3939.

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