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Your Pain And Suffering

Your "Pain And Suffering"

  By Dan Baldyga
About Dan Baldyga
  Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation.
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When It Comes To A Motor Vehicle Accident Your "Pain And Suffering" Is What You Get Paid Big Bucks For: It's an absolute necessity that you ask a doctor or chiropractor to provide you with medical attention as soon as possible after you've been smashed into. This decision can make the difference between ending up with a fistful of thousand dollar bills, or what the insurance industry likes to call, a "Nuisance Value" settlement - - a small payment made to close the case.

Your claim of bodily injury has no credibility with Adjuster Henry Hard-Nose unless the Medical Report executed by Dr. I. M. Comfort, your attending physician or chiropractor, has verified it. If you don't see a doctor or chiropractor, but still attempt to justify an injury that produced "Pain and Suffering" (and also contend you've lost time from work) Hard-Nose is not going to buy it.

If Your Injury Is Relatively Mild: Under normal, routine circumstances Ole' "Doc" Comfort will probably see you five to eight times without providing complicated treatment. You can expect to be x-rayed, prescribed some pills, told to rest a few days or weeks, and possibly be advised to avail yourself of heat therapy, to be administered, by your honey, at home.

If Your Injury Is More Serious: You may have to wear a cervical collar (a neck brace) for a few weeks. This can be uncomfortable but it will assist in your physical recovery and produce a higher settlement value of your claim. "Doc" Comfort will probably refer you to a specialist, such as an orthopedist (a bone doctor) or a neurologist (a specialist in nerve damage).

Minor Bodily Injuries: The vast majority of motor vehicle accidents cause minor injuries. Bodily injury pain cannot be specifically measured (temperament and psychological factors are involved) nor can the limits of human endurance. Each one of us has a different "Pain Threshold".

The amount and quality of pain you feel is not strictly dependent on the bodily injury inflicted. It has much to do with your previous experiences, how well you remember them, and your ability to understand the cause of the pain and its consequences. For example, the football player will probably experience a blow much differently than the individual who was never able to play contact sports because (to help with the family income) he had to go out and work, full time, at an early age.

How Much Pain Can A Person Stand? There's no specific answer to that question. Sudden pain, even of less intensity than, for example, a serious burn, can overwhelm the higher nerve centers; so much so that a man could faint! Is Hard-Nose aware of and understand all of this? Take it from Dan, who worked with auto accident claimants for over 38 years, you can bet your last dollar he does!

Negotiating A Personal Injury Settlement

Hard-Nose And Your Physical Anguish: Don't kid yourself that Hard-Nose can't get a handle on, nor understand, the "Pain and Suffering" you've been through. He can but even so he'll try to act as though what you've been experiencing is no big deal. Why? Because he knows your claim will cost a lot more money if you get the idea he understands what you've been through, regarding the impact your body was subjected to. Hard-Nose is well aware of where you've been, and where you're coming from, because he negotiates with injured people, day in and day out (all of them struggling with your identical problems) as he goes about the business of settling cases that involve "Pain and Suffering". He handles identical issues every hour of his work life. He knows what you're going through however (you must never forget) a solid portion of his job is to make you believe your over exaggerating your complaints.

HE'S FULLY AWARE OF ALL THERE IS TO KNOW ABOOU HARD INJURIES VA SOFT INJURIES. He's constantly in contact with the twisted, bruised, battered, pulled and snapped problems of pain that people must endure because of injured Tendons and Ligaments, Muscle Strain and/or Spinal Cord injuries.

Each and every day he's exposed to the wide range of problems that injured people must endure. These include Stress, Anxiety and/or Emotional Reactions. Hard-Nose is no dummy when it comes to comprehending the legal concept of "Pain and Suffering". His paycheck depends upon how well he understands these factors. Why? Because they're so dramatically involved in the amount of money that's paid out (when it comes to such matters) by the corporation he makes his living stonewalling for. "So", you ask, "exactly how does Henry Hard-Nose make his living"? The answer to that one is simple, "He's paid to manipulate injured people into ridiculously low settlement's".

Hard-Nose And Your Medical Bills: Adjuster Hard-Nose may try to Con you by telling you that many of your medical expenses don't qualify as "Medical" in character. He'll attempt to divide your medical costs into two areas - - one part "Diagnostic" and the other "Treatment". In "Diagnostic" he'll include ambulance and emergency room costs, the cost of X-rays, plus visits to specialists. The rest of your bills (usually the money paid out to the hospital emergency room and regular office visits to your doctor or chiropractor, physical therapy and medication) he'll term "Treatment". Those items he incorrectly identifies as "Diagnostic" are bills that Hard-Nose will try to disallow - - telling you that they're not "Medical" in nature.

He knows, if he can get away with doing this, the value of your claim will have been drastically reduced, because the bottom-line amount of your "Special Damages" has been dramatically downgraded. Hard-Nose will contend that only the "Treatment" portion of your bills are "directly related" to the severity of your injury, therefore that's what truly reflects the value of your "Pain and Suffering".

Don't let him get away with that! Demand full inclusion of ALL medical bills. WHY? Because your personal injury claim will be drastically reduced in value.

Talk to Adjuster Henry Hard-Nose, conjuring up all the authority you can muster and tell him, "Legally speaking you can't separate medical expenses into two categories. Each bill I have goes hand-in-hand with all the others. It would be impossible for me to get properly treated without being thoroughly diagnosed and, even more important than that, I can't place a value on my personal injury claim until all my Special Damages have been correctly assessed".

When he hears that Hard-Nose will blanch and gulp! Why? Because he knows what you're telling him is true. He'll suddenly become aware that you understand how to go about placing a value on your "Pain and Suffering". That should and will, put an end to his nonsense.


DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga or Vince Ciulla make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.

Copyright (c) 2005 by Daniel G. Baldyga All Rights Reserved

Dan Baldyga's fourth and latest book Auto Accident Personal Injury Insuraece Claim: (How To Evaluate And Settle Your Loss) can be found on the Internet at This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the "Pain and Suffering" you endured because of your personal injury.

Additional Information provided courtesy of and Warranty Direct
© 2000-2007 Vincent T. Ciulla

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