Legal Question in Personal Injury in Texas
i was injured in a car accident, i am waiting for the other persons insurence co. to settle. how do they figure what pain and suffering should be ?
1 Answer from Attorneys
There's no magic formula. Typically, the insurance company will look at the property damage, claim it was nominal, and then claim you were malingering. (I'm not being cynical, I've actually seen this in daily practice.) They will also look for other reasons not to pay any pain & suffering (delays/gaps in treatment, prior injuries, etc.) A common tactic is for the insurance company to delay a finding of fault, in hopes that you can't/won't see a doctor in the meantime. They'll then claim if you were really hurt, you would have seen someone (even if you don't have health insurance) and therefore you're faking the injuries. If you can't tell, the deck is stacked against you. I'd suggest you speak with a professional about your case. Most injury attorneys (myself included) will give you an initial consultation for free.