Proving Pain and Suffering To establish either physical or emotional pain and suffering, documentation and evidence must support the claim. This evidence may include: Doctor's notes. Medical evidence. Photographs.
Frequently Asked Questions (FAQ) Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.
Treat the following as a set of general guidelines: Gather complete information before you start writing. Describe your injuries and medical treatment. List your medical expenses, lost wages, and non-economic damages. Make a settlement demand. Include a deadline for legal action if you want to, but don't bluff.
A reasonable settlement offer is one that adequately covers your medical expenses, lost wages, and any additional losses you have experienced, although it can vary significantly from one claim to another.
13 Examples of Pain and Suffering Physical Impairment. Physical impairments are one of the most obvious and straightforward reasons for filing a personal injury lawsuit. Physical Pain. Disfigurement. Loss of Quality of Life. Loss of Enjoyment of Life. Grief. Depression. Anger.
State the settlement offer you are willing to accept and the reasons why. You can repeat the position you stated in the first demand letter. Your attorney can advise you on whether you should stick with the amount stated in your first demand letter or if you should present a counteroffer.
I am writing to formally present a demand for compensation related to the automobile accident on Date of Accident, involving your policyholder, Name of the Insured. As you are aware, I sustained significant injuries and underwent considerable pain and suffering due to the negligence of your insured.