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Pain and suffering lawyer fees and accident lawsuit amounts.
Everybody who’s involved in an accident and who is injured in any way needs a pain and suffering lawyer. If you don’t have an attorney the insurance adjuster knows that and is going to take advantage of you.
It’s just that simple. They will underpay you on your case. No matter how much they give you, it will probably be about 20 to 30 percent of what you should have got.
There were two studies done in recent times by insurance companies that found that adjusters were able to settle cases for around 20 to 30 percent of the amount they would have paid if an attorney represented the client.
That’s on average of course, if you get above average attorney who is more aggressive has a better way to approach the case you can get a lot more.
Video source: Why do I need a lawyer for pain and suffering?
Do You Have Questions on Pain and Suffering Lawsuits?
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How much can you sue for in a pain and suffering lawsuit?
You could sue for whatever amount that you want in a pain and suffering lawsuit. We generally put amounts that are greatly in excess of what you are likely to receive. This is because if you don’t have a sufficient amount in your complaint, you then at a future date have to make a motion to amend your complaint to increase what they call the ‘ad damnum clause’.
I don’t say this happens too often but I’ve seen judges deny that motion so we always put in an amount that’s greatly inflated because first of all when we’re suing oftentimes we don’t know the full extent of the injuries.
The client might still be in the hospital, the client may still need treatment the client may still be out of work. How long are those things going to last? We don’t know, so we put in a much greater amount than we’re anticipating so we don’t run into the problem of having an amount that’s too little and having to make a motion to increase the ad damnum clause.
Also maybe there was reckless conduct on the part of the defendant. Maybe the defendant was intoxicated. Maybe the defendant was on their cell phone. Maybe the defendant wasn’t looking. Maybe the defendant was playing with their friends in the back seat while he’s driving the car. Maybe there were all kinds of games going on in the car.
Conduct like that might give rise to punitive damages and so we need to plead a sufficient amount in the complaint to cover the client under all scenarios in an accident lawsuit and then we’ll figure it out afterwards.
Video: How much can you sue for in a personal injury accident lawsuit?
What will it cost me to hire a pain and suffering attorney?
Almost universally pain and suffering attorney’s work is based the contingency agreement.
If they don’t collect, there is no fee. So it really won’t cost you anything at the end of the day. It will cost you a percentage.
Different personal injury attorneys charge different amounts, different percentages. A lot of it is controlled by state law but whatever it is, that pain and suffering attorney is almost guaranteed to get you a lot more money for your case than you could do on your own. It will be a lot more than the amount of the fee charged to take the case.
The fee will not be consequential to you on most cases when it’s all said and done because the insurance adjuster won’t have the ability to low ball.
They know they’re dealing with someone who knows what personal injury cases are worth and they’re not going to get away with giving you some low number that you’ll grab and then maybe a week later you regret it. Everybody needs to hire a personal injury lawyer if they’re injured in an accident.
Video: What will it cost me to hire a personal injury lawyer?
Pain and Suffering Lawsuits: FAQ
Why do I need a lawyer for a pain and suffering?
If you do not have an attorney, the insurance adjuster will take advantage of you and underpay you – that is a fact
There were 2 studies done by insurance companies in the past – they found they were able to settle cases for around 20% – 30% of the amount they would have had to pay if an attorney represented the client
How much can you sue for in a pain and suffering lawsuit?
The amount you sue for is dependent on the injuries you sustained.
The amount you sue for can rise if there are extenuating circumstances such as the driver of the other vehicle was intoxicated or was driving recklessly and you are able to prove it. (punitive damages)
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