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Hello and welcome in today's brief overview we will study how emotional distress affects pain and suffering reimbursement in personal injury claims the phrase pain and suffering describes a combination of the physical pain and emotional distress a victim suffers due to the accident and their injury almost all personal injury claims should include a demand for pain and suffering reimbursement let's start with physical pain everyone experiences physical pain injuries to our muscles bones or internal organs can cause severe pain which may continue for weeks months or even years personal injury victims can experience pain from jarring of their neck or back a broken or sprained knee or ankle head trauma lacerations or any number of other injuries when it comes to determining the extent of physical pain there are no computer programs to rely on each of us experiences pain differently even with today's advanced medical technology the best method Dr. Sara measurement patient's pain is a self rated pain scale this is when a doctor asks on a scale of 1 to 10 how would you rate your pain unfortunately we don't have a universal reference tool that measures pain in a way attorneys and insurance companies can use to calculate settlement amounts its intangible and therefore very difficult to measure in a personal injury claim you must be able to clearly communicate your level of pain you'll have to convince the adjuster of the depth of your physical suffering this is done by describing how movements associated with everyday actions have become excruciating LY painful and how your normal activities have been limited persistent physical pain often contributes to the emotional toll of an injury physical suffering is sometimes so closely associated with the pain of emotional distress that they become one and the same as a result similar methods and evidence can be used to prove both physical pain and emotional distress so let's discuss emotional distress also called mental anguish describes very real injury suffered by victims due to the negligent or willful acts of another some claims adjusters view emotional distress as a ploy to get more money out of insurance companies, but that's incorrect emotional distress is real, and it can be debilitating a car accident slip and fall dog attack or other accident can result in injuries that forever change the life of its victim most personal injury victims experience some type of emotional distress in varying degrees of severity when negotiating with the insurance adjuster the most effective way to articulate your emotional distress is by discussing its symptoms of emotional distress include anxiety depression guilt frustration insomnia bitterness loss of consortium unfortunately simply telling the adjuster you've suffered from one or more of these symptoms may not be enough to persuade him to actually reimburse your pain and suffering you must provide evidence and clearly explain how those symptoms affected you giving...
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