Pain and suffering as it relates to a personal injury case.
 “Pain and suffering” is simply a term used to describe the physical pain and emotional distress one has endured as the result of a personal injury. Pain and suffering is just one category of damages that you may pursue in a personal injury claim or lawsuit. Other types of damages can include medical expenses incurred, lost wages, a diminished earning capacity, loss of consortium, etc.

Pain and suffering differs from one person to the next; that being said, suffering some kind of physical and emotional trauma after a car accident or other type of personal injury is normal and expected. Pain and suffering can range from mild (e.g., discomfort caused by a relatively-minor injury) to very serious (e.g., chronic back pain, migraines, disfiguring scars, PTSD, etc).

Our brains respond to external trauma by interpreting it as pain. This pain can be quantified in a number of ways, but it’s always best to have your attorney prove up your damages and prepare your official demand.
While seeking compensation for pain and suffering is extremely common, it is unlikely that you will win a claim based on pain and suffering alone, if there is no verifiable evidence of a physical injury (i.e., medical bills). For this reason, it’s vital that you seek medical attention as soon as possible following an injury. Failing to do so only gives credence to the insurance company’s inevitable argument that you did not actually suffer an injury.

When it comes to determining the value of your pain and suffering claim, your attorney will take several factors into account, such as:

1. Your attorney will have an expert witness evaluate the extent of your injuries by way of examining medical charts as well as the doctor’s objective report. They will then compare this information with other cases where the victim sustained the same type of injury under the same circumstances in order to determine what courts are likely to award, should the case go to trial.
2. Your legal team will also look at how bad your injuries are, and how long it will take for you to make maximum medical recovery.
3. When it comes to things like depression, anxiety and PTSD, they will need to get a medical report from your prescribing doctor as well as take stock of the medications you are taking and how long it will take you to experience relief.
4. Your age, sex and position in life will also come into play, as these will inform how well you’ll be able to bounce back from your injuries, as well as whether or not your quality of life or lifespan will be impacted by your injuries.
5. Your attorney will also work to determine what limits these injuries will place on your movement and ability to perform work-related duties on a day-to-day basis.

Claims involving pain and suffering are going to be heavily contested by the insurance company, which is why it’s best to work with a good Dallas injury lawyer who has fought these same insurance companies before and can provide you with the best opportunity to win your case. Not only will hiring an experienced lawyer give you much-needed leverage when it comes to negotiating a settlement, but your attorney will have in-depth knowledge of the claims process and will not let the insurance company take advantage of you.

Just like with your relatives, you don’t get to pick who hits you in an accident.  Dealing with a car accident caused by an uninsured driver is especially difficult. An uninsured motorist is a driver who has NO automobile liability insurance.  What should you do if you get hit by an uninsured driver? 
 
Get as much information as you can at the scene of the accident. Even if the other driver doesn't have insurance, try to get their name and contact info. Many uninsured drivers will not want to give you their information or will drive away without talking to you. Write down their license plate number so you have some way to track who was in the accident. Then take photos and gather information that could help you prove who was at fault in the accident.
 
Call the police. Even if the other driver flees the scene or doesn't want to get the police involved, this is a crucial step. You will want an official report of the crash on record. This will make it easier to prove fault and receive compensation for the accident.
 
Call your Insurance Company.  Both Nebraska and Iowa require all automobiles to have “uninsured motorist coverage” on our own automobile policy.  This coverage will provide compensation for your medical bills and your injuries if you are hit by an uninsured driver that has no money or ability to pay for your non-car related damages.  Unfortunately, this uninsured coverage will not pay for your car damage caused by an uninsured driver.  You must have collision coverage (minus your deductible) to get your car fixed after being hit by an uninsured driver. 
 

Just like with your relatives, you don’t get to pick who hits you in an accident.  Dealing with a car accident caused by an uninsured driver is especially difficult. An uninsured motorist is a driver who has NO automobile liability insurance.  What should you do if you get hit by an uninsured driver? 
 
Get as much information as you can at the scene of the accident.
Even if the other driver doesn't have insurance, try to get their name and contact info. Many uninsured drivers will not want to give you their information or will drive away without talking to you. Write down their license plate number so you have some way to track who was in the accident. Then take photos and gather information that could help you prove who was at fault in the accident.
 
Call the police.
Even if the other driver flees the scene or doesn't want to get the police involved, this is a crucial step. You will want an official report of the crash on record. This will make it easier to prove fault and receive compensation for the accident.
 
Call your Insurance Company.
Both Nebraska and Iowa require all automobiles to have “uninsured motorist coverage” on our own automobile policy.  This coverage will provide compensation for your medical bills and your injuries if you are hit by an uninsured driver that has no money or ability to pay for your non-car related damages.  Unfortunately, this uninsured coverage will not pay for your car damage caused by an uninsured driver.  You must have collision coverage (minus your deductible) to get your car fixed after being hit by an uninsured driver. 
 
I Want to Help You.
If you’re left with damages after a crash with an uninsured motorist and have questions about filing an uninsured motorist claim with your insurance, I'm here to help.  I will focus on you and the evidence relating to your accident. Contact me to schedule a free accident evaluation. 

As a rule, you should NOT give a recorded statement to the insurance company for the driver that caused an accident without the advice of an attorney.
 
Is a Recorded Statement Required?
 
No.  There is absolutely no requirement, much less a legal duty under Nebraska or Iowa law, to provide a recorded statement to the at-fault party’s insurance company. The insurance company is primarily asking to record your statement in the hopes of helping themselves defend against your personal injury claim later.
Insurance adjusters can be very aggressive demanding a recorded statement.  One tactic often used by adjusters is to declare they will “close your file” if you do not provide a recorded statement.  You can ignore this threat because you control when a file is closed by being the injured victim.  You have the legal right to file a lawsuit against their driver at any time before the four-year (Nebraska car accident) or two-year (Iowa car accident) statute of limitations expires.  The insurance company knows your claim must remain active until the statute of limitations runs. 

Why Shouldn’t You Give a Recorded Statement?
When giving a recorded statement, the questions can be confusing or misleading which may cause you to unintentionally say something about your accident that is not accurate. You will also be asked about your injuries. It can take many days for victims of an auto accident to feel the extent of their accident injuries. Furthermore, many clients are not medical professionals and are unsure what injuries they do have at the time they give their recorded statement. 
 
Contact an Attorney Before Giving a Recorded Statement 
If you have been in a car accident and an insurance company demands a recorded statement, contact a personal injury attorney.  I can help you with a free consultation to focus on you and your accident.