How Much Do Insurance Companies Pay for Pain and Suffering?
How much do insurance companies pay for pain and suffering?
Auto insurance companies in Ohio pay very little money for pain and suffering on a client’s personal injury claim. This is the hardest damage category to get money from a jury.
Let’s dive into this topic.
Damages to Consider
At The Law Office of Tom Somos, LLC, we focus on getting the documentation that we need from our doctors and clients that provides value for all of our clients’ damage claims. Under Ohio Law, a personal injury client must be reasonably compensated for all of the their damages. In deciding the amount of damages, Ohio Law requires that a jury consider all of the following damages:
a) the nature and extent of the injury or injuries,
b) the effect upon a client’s physical health,
c) the physical pain and mental suffering experienced by a client,
d) the client’s ability or inability to perform usual activities, and
e) the reasonable cost of necessary medical and hospital expenses.
7 Issues for Doctors to Document
We always emphasize to our clients the importance of providing their treating doctors with the details of their injuries, impairments, limitations and restrictions. It is imperative that their doctors document these injuries, impairments and limitations in detail because this is the documentation that is used by the auto insurance company to evaluate their personal injury claim. Also, our clients must document their inability to perform usual activities. We frequently discuss these issues with our treating doctors and request that they provide us with a thorough report on the following issues:
- Their opinion based on a reasonable degree of medical certainty as to whether the injuries for which they treated our client and our client’s physical condition are the direct and proximate result of the auto accident.
- Whether our client suffered pain as a result of the injuries that the doctor has described.
- Whether our client’s treatment since the motor vehicle collision was reasonable and necessary.
- An opinion to a reasonable degree of medical certainty as to the prognosis for our client.
- An opinion to a reasonable degree of medical certainty as to whether any prior injuries or conditions were significantly aggravated as a direct and proximate result of the motor vehicle collision.
- An opinion to a reasonable degree of medical certainty as to the nature of permanent impairment or disability which our client may have as a result of the injuries sustained.
- An opinion to a reasonable degree of medical certainty as to the need for future medical care and treatment, the length of time that our client will require this future medical care and treatment, and the approximate cost of treatment for any necessary follow-up appointments, medications, or other treatment options.
Questions about Pain and Suffering?
Cases involving pain and suffering can be difficult to navigate. If you have questions about your personal injury case, we are happy to discuss your options. Visit our contact page for more information.