How an Injury Adjuster Values Your Pain and Suffering
One question anyone who is contemplating handling their own car accident injury claim should ask the adverse adjuster is: “How are you going to calculate my pain and suffering?”
Frequently, folks call us several months after their car accident and are frustrated with their dealings with the adjuster. Typically, the adjuster indicated at some point that they were “accepting liability.” The people then expected fair treatment from the adjuster. That was a huge mistake. In deciding if you need a car accident lawyer for your accident, know that people with the best attorneys almost always net more money.
Computer Models Don’t Provide Much for Pain and Suffering
Many insurance companies now use a computer algorithm to determine damages. The computer model considers things such as “Do you have a lawyer?” and “Is the lawyer any good?” However, the computer model doesn’t include much, if anything, for pain and suffering, which makes it important to challenge the Injury Adjuster directly.
So, as early on as you can, when handling your injury claim, once the adjuster has indicated they are accepting the claim, ask specifically and demand an answer to the question:
Read More: What Questions Should I Ask my Car Accident Lawyer?
How Are You Going to Pay Me for My Pain and Suffering?
The adjuster will often try to give a vague or runaround answer that doesn’t truly address the question. For most people, especially those with serious injuries, this is a legitimate question that needs to be answered. If the Injury Adjuster cannot answer the question, you indicate that you need a qualified injury attorney.
If your car accident is minor, and the injuries you sustained resolve quickly and are not that serious, how you get paid for pain and suffering may not be a big deal.
For those with broken bones, disc problems, nerve damage, head injuries, or other serious ailments, how you are paid for pain and suffering is a significant question. I predict the adjuster will never answer it.
Why Adjusters Don’t Want You to Get a Lawyer?
There is a reason why the insurance company does not want you to hire an attorney! Once a lawsuit is filed, the clock starts running on attorneys’ fees, and a jury can decide what is fair.
If you decide to hire a car accident lawyer in Houston, get one early rather than after your low-ball offer. And always look for the best local lawyer near you.
Read More: How to Negotiate a Settlement with an Insurance Claims Adjuster
FAQs
1. How does an injury adjuster calculate pain and suffering?
Most injury adjusters use computer algorithms to determine settlement values. These models mainly consider factors like whether you have a lawyer and the severity of your injuries. However, they often undervalue or exclude pain and suffering damages, which is why it’s crucial to ask the adjuster directly, “How are you going to calculate my pain and suffering?” A clear answer helps you understand if you’re being offered fair compensation
2. Why do insurance adjusters not want you to hire a lawyer?
Insurance companies prefer claimants without legal representation because they can settle cases for less. Once you hire a lawyer or file a lawsuit, the process becomes formal, attorney fees apply, and a jury may determine fair compensation. This can lead to a higher payout for you — which is why adjusters often discourage hiring an attorney.
3. When should I hire a car accident lawyer for my injury claim?
You should hire a car accident lawyer as early as possible, especially if you’ve suffered serious injuries such as broken bones, nerve damage, or head trauma. A lawyer can negotiate with insurance adjusters, protect your rights, and ensure that pain and suffering are properly valued in your claim. Waiting until after a low settlement offer may weaken your position.
Contact a Houston Personal Injury Attorney at Baumgartner Law Firm for a FREE Consultation
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
6711 Cypress Creek Pkwy
Houston, TX, 77069
