When insurance companies make an offer on your case, they are basing it on several things. One such thing is your pain and suffering. Pain and suffering damages are separate from your medical bills, your lost time from work, and your property damage to your vehicle.
These damages are usually measured in weeks, as in “the accident victim was disabled for thirteen weeks.”
Disability of the accident victim can fall into two categories:
- total disability
- partial disability
Total disability occurs when the victim is unable to perform most of their normal activities. They are instructed to rest, unable to work, and may be on serious medications. Partial disability occurs when the victim is able to do some things, but is still experiencing pain and discomfort from their accident.
Once it is determined whether you are totally or partially disabled, and the amount of time you were disabled for, the insurance company will then assign a value to the amount of time and calculate your damages. In Nebraska, the values can range from [100-100] for total disability and [100-100] for partial disability, depending on factors that influence the value of your claim.
Then that’s where your attorney will come in. Insurance companies always offer a very low weekly rate to start, and your attorney will negotiate up from there, until you have reached an amount that is reasonable for the pain and suffering you experienced. This is why you should always have an attorney to argue on your side and you should almost never accept the first offer.