Pain and suffering claim

UPDATED: Oct 1, 2022

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Pain and suffering claim

I was involved in a hit in run in February. A SUV rearended my car and drove off without providing their insurance into. I have not received any care for physical injuries but I have received care for psychological distress in April because of the extreme stress as a result of the accident. My insurance agency asked for a copy of the invoice for care I received. The claim rep said that he wanted to review what I was seen for. My psychologist only gave me a invoice of cost. Should the insurance company request a outline of care from my psychologist directly? Also, how much money am I entitled to get for pain and suffering?

Asked on June 13, 2019 under Insurance Law, Maryland


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can request a medical report from your psychologist and provide it to your insurance company. The medical report will document your injury and treatment, and will be used to determine compensation for pain and suffering.
You should also receive medical treatment for your physical injuries as soon as possible. The fact that five months have elapsed since the accident without medical treatment for your physical injuries will result in the insurance company claiming that you must not have been seriously injured which will diminish the amount of compensation you will receive for pain and suffering for your physical injuries.
Your physical and psychological injuries should all be included in your personal injury claim.
Compensation for the medical bills is straight reimbursement. Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports. Compensation for wage loss is straight reimbursement.
There isn't any mathematical formula for determining compensation for pain and suffering. If you have fully recovered, I would ask for quadruple the medical bills to compensate for pain and suffering, but not expecting to get that. This is only for negotiating purposes. The insurance company will respond with a much lower offer and you can continue negotiating. If you have not fully recovered and have residual complaints, I would ask for much more than quadruple the medical bills depending on the nature and severity of your complaints. Again, don't expect to get that. It is for negotiation purposes, only. The insurance company will respond with a much lower offer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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