How do I prove to the claims adjuster the full extent of my pain and suffering? Insurance companies tend to be both skeptical and stingy when it comes to valuing these claims. Here are some steps you can take to improve your chances of getting a fair settlement.

  1. You must seek regular and consistent medical treatment. Any gaps in treatment, the adjuster is going to say you weren't hurt that bad, or any pain you are suffering isn't related to the crash.
  2. You must be open and honest with your doctors. Anything you do not tell the doctors about, the insurance adjusters are not going to give you compensation.
  3. You have to get mental health care. Pain and suffering involve what you're suffering emotionally, and professionals in the mental health care field will document that injury.
  4. It is imperative you keep a pain journal. Your deposition may get taken one maybe two years from now. It's easy to look back and block that stuff out. You need the journal to remind you of how hard this is. Ask a family member to keep your journal. You're gonna have a lot of suffering and a lot of changes in you that you don't even realize; your loved ones are the best witnesses to those changes, and
  5. Finally, let your attorney help. We deal with these cases every day. We know what the adjusters look for, and we can help you provide those answers

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How To Prove Pain and Suffering After A California Car Accident

You probably think of yourself as a good driver. You follow the rules, obey the rules of the road, and drive defensively. But despite all your attentiveness and diligence, you can still be hurt by a negligent driver, and your life is changed forever. When you've sustained a personal injury from a car crash, our Costa Mesa personal injury lawyer adds, you may be forced to take time off work while facing huge medical bills, and you may not be able to do the things you love most because of a long recovery period. 

When you’re hurt by a negligent driver in California, you may find it difficult to obtain a fair settlement from the at-fault party’s insurance company. Because insurance companies are for-profit businesses, they want to pay out as little as possible. An insurance adjuster may call and seem friendly—sympathetic even. But their goal is to get you to say things they can use against you to negatively impact your personal injury claim or lawsuit. 

Possible Recoverable Damages After a California Car Crash

Common Causes of Car Accidents in California

  • Speeding. The California Office of Traffic Safety reports that excessive speed is the primary cause of injuries and fatalities in Orange County. Speeding seems especially problematic in this county, and it ranks third highest in speed-related accidents of all 58 California counties.
  • Distracted driving. In California, operating a motor vehicle with a cellphone in your hand is illegal. If a driver allows anything to pull their attention away from the road, it’s considered distracted driving. If someone causes an accident because they were distracted, their attorney may be able to prove negligence in a personal injury claim. 
  • Drunk drivingThe California Department of Motor Vehicles reports that over 10,000 drivers were arrested in Orange County for a DUI in 2017. Statistics show that if someone is convicted of drunk driving, they’ve likely driven drunk over 75 times before police catch them.
  • Aggressive or reckless driving. When drivers are stressed, impatient, or irritated behind the wheel, they’re more likely to drive unsafely and put other drivers at risk. More than 65% of car crash deaths are caused by aggressive driving.

A Skilled Costa Mesa Attorney Can Help Prove Pain and Suffering

Always know that the insurance company doesn’t care about providing you with a fair settlement, and your attorney is aware of this. They’ll advise you to give only basic facts and will take over communication with the insurance companies so you can focus your time and energy on recovering. 

Case C. Barnett
Costa Mesa Personal Injury Attorney practicing in child injury law, car accident injuries and elder abuse law