What's the Difference Between Flood Insurance and Hurricane Insurance_ - Robert armstrong personal injury attorney north carolina

Now that hurricane Florence has passed through the Carolinas, plenty of people are wondering about their insurance and how they will go about rebuilding.  Even if you have insurance, it might not cover the damage stemming from the most recent hurricane, flooding or another storm down the line.  There is a difference between flood insurance and hurricane insurance.  Plenty of homeowners in the Carolinas have both forms of insurance. Even those who do not live in flood-prone areas should have flood insurance.  The question most homeowners have is whether hurricane insurance is also necessary in addition to flood insurance.

Hurricane Insurance

Hurricane insurance is available for damage stemming from hurricanes as opposed to strictly flooding, fire or another specific form of damage.  If the damage to the property was caused by the hurricane, it will be covered.  The main difference between flood insurance and hurricane insurance is hurricane insurance extends beyond damage caused by water.  Hurricane insurance also includes wind damage.  Flood insurance typically covers water damage to the first floor yet hurricane insurance is applicable to the entirety of the home.

Flood Insurance

Flood insurance is comparably limited in scope.  This form of insurance covers losses caused by rising water as well as storm surge.  The federal government underwrites flood coverage with its National Flood Insurance Program.  However, private companies can also sell this important form of insurance.  In some cases, it is difficult to determine if a flood or hurricane caused the damage.  If it is challenging to determine the cause of the damage, it might be necessary for an engineer to perform an on-site analysis to gauge whether a hurricane’s winds or flooding are the true cause of the damage.

Two primary types of flood insurance exist: one for personal property and the other for buildings.  Policies applicable to buildings cover damaged caused to the structure, foundation, exterior and semi-permanent indoor items.  Examples include carpet, paneling, appliances and heating/cooling systems.  Personal property flood insurance is applicable to portable items.  Examples include furniture, electronics and clothing.  Even portable appliances and sundries such as pieces of art are covered. 

Flood Insurance and Hurricanes

It is important to note flood insurance is not applicable to all the losses that might have been caused by a hurricane.  Even if you lose a high-value item stemming from a hurricane in which flooding occurred at your property, there is no guarantee your flood insurance will cover the item in question.  Furthermore, insurance does not cover your yard or the structures in the yard such as swimming pools, fences and decks.  Nor do flood insurance policies provide compensation for living expenses.

It is also important to note flood insurance has nuanced requirements for eligibility.  Furthermore, many such policies have multiple exclusions.  As an example, furniture or other property within an area such as a crawl space, a basement or a walkout style basement will not be covered.  This includes sound systems, TVs, carpet, window treatments, bookcases, etc.  If you are considering flood insurance, you should know the federal version is capped at a quarter-million dollars per building and $100,000 for contents.  However, it is possible to purchase a policy with a lower limit.  Separate deductibles are issued for dwelling and contents. 

Don’t Learn the Hard Way

Too many homeowners learn the hard way that their flood insurance or hurricane insurance is not applicable following a devastating event.  Every property owner should be aware that flood and hurricane insurance are completely distinct from one another.  If you live in an area with even a remote chance of flooding or potential damage from a hurricane, you should explore all of your insurance options in-depth to make a truly informed decision.  Our legal team is here to help you with all the subtleties of hurricane and flood insurance including claims and settlement discussions.  Contact us today to schedule an appointment.

How to File a Hurricane Insurance Claim in North Carolina After Hurricane Florence - Robert armstrong personal injury attorney north carolina

If you have suffered any type of loss resulting from hurricane Florence, do not assume you are powerless.  Your best course of action is to meet with an attorney and file a hurricane insurance claim.  The manner in which you file your claim and the time at which it is submitted both matter a great deal.  Let’s take a look at a few tips that will ameliorate the claim process.

Get off to a Quick Start

Time is of the essence following a hurricane of this magnitude.  The insurance company will be inundated with phone calls from property owners looking to file claims.  Contact your insurance company as soon as possible after the hurricane so you can get the ball rolling on your claim.  Insurance companies typically handle claim filers in a first come, first serve manner so don’t delay.

Document Every Aspect of the Claim

Take pictures of all the damage.  Write down all the information the insurance company representative provides during each conversation.  Be sure to record your claim number in a second space just in case you lose the first copy. Write down detailed notes during each interaction with the insurance company.  Be sure to ask for the customer service representative’s name each time you speak with the company about your claim.

If you have had any repairs performed following the storm, keep your receipts.  It also makes sense to keep receipts for living expenses accrued as a result of the storm, be it a stay in a hotel, meals, the costs of evacuation, etc. 

Be Careful When Interacting With Adjusters

The insurance company will likely send an adjuster to your property.  When this person arrives, ask him or her if they are employed by the insurance company or if they are an independent adjuster.  Independent adjusters must be authorized to make decisions and payments pertaining to claims on behalf of the insurance provider. 

Process Your Claim Through a Trusted Channel

There are plenty of opportunists going door-to-door following Hurricane Florence and other nasty storms.  These manipulators will knock on doors, claim to be an insurance adjuster or a contractor.  Do not trust these people.  True professionals are unlikely to go from one door to the next in the aftermath of a hurricane or other storm.

Detail all Damage In-depth

Though it is depressing to document all of the damage to your property following a massive hurricane, it must be done.  The more thoroughly you document the damage, the better your chances are of recovering ample compensation.  It is not enough to simply describe the damage to an insurance adjuster in a conversation conducted over the phone.  You should take pictures of the damage, send those pictures to the insurance company and do everything else in your power to prove the extent of the damage stemming from the hurricane.

Collecting detailed information about your property loss will also facilitate the completion of the proof of loss form.  This form allows you to describe the property or items damaged in the storm, the date of their purchase and the cost for repair or replacement. Our legal team is here to help you complete this form, comply with all legal requirements and obtain as much compensation as possible.

How to Proceed if You do not Have Insurance

If you have minimal or no insurance, do not assume you are out of luck following hurricane damage.  If you have home insurance but do not have flood insurance, call the insurance provider.  Certain homeowner policies that do not provide compensation for damage resulting from flooding might cover damage caused by water and/or wind.  Auto insurance will likely cover damage to your vehicle caused by downed trees.  Finally, those who have absolutely no insurance at all should contact local nonprofit groups or the Federal Emergency Management Agency (FEMA) DisasterAssistance.gov website for more information about aid.

Contact Robert Armstrong Law to discuss your claim.

ignored rules of the road - robert armstrong personal injury attorney north carolina

There’s an old saying that rules are meant to be broken, but it’s not only untrue — it’s dangerous, especially when it comes to rules of the road.

Failing to obey traffic laws can land you in big trouble, either in the form of a ticket, a serious accident, or both.

Here are some of the commonly ignored rules of the road that you should start following — immediately:

  1. Failing to use your turn signal — There’s a reason you have a turn signal, and it’s not for decoration or effect. It’s to let other drivers know your next move, which is often crucial information for other drivers as they, too, try to decide what their next move or direction will be, often in a split-second. Failure to use a turn signal can result in a ticket — it’s the law in most places — and it can also cause another driver to run into you and cause an accident with injuries.
  2. Running yellow and red lights — All drivers are required to stop at a yellow light, unless it’s unsafe to do so. You shouldn’t speed up to try to make it through the yellow light before it turns red. That’s unsafe — and most of the time illegal. You also can’t just ignore red lights. You must stop. This law doesn’t apply to every driver EXCEPT for you. It applies to everyone.
  3. Following too closely — Safety professionals suggest that you abide by a “two-second” rule when following any vehicle. This means you keep far back enough that it would take you two seconds to catch up to the vehicle in front of you if it stops suddenly. Keep in mind that the rules can differ from state to state. Following another vehicle too closely puts both you and the driver in front of you in danger. If a dog or other road obstruction pops up out of nowhere and you are too close to the vehicle in front of you, you could both end up out of luck and injured in an accident. Conversely, if someone is following your vehicle too closely, don’t be tempted to “teach them a lesson” by slamming on your brakes. That’s just as dangerous as following too close, and it can cause just as serious of an accident.
  4. Staying out of the left lane except for passing — The far left lane of most highways are to be used only for passing slow-moving vehicles. It’s something that countless drivers forget — or choose to ignore — and it’s no fun for vehicles behind you. Not only is it rude, it’s also dangerous, as it obstructs the flow of traffic.
  5. Texting and driving — It’s illegal in 47 states, and it’s among the most careless distracted driving infractions you can make. It only takes a couple of seconds with your eyes off the road and on your phone to cause a serious — and potentially deadly — crash. Just don’t do it.


Sometimes, accidents are unavoidable and not your fault, but these are rules you should follow to decrease your chances of a crash.

If you or someone you love was injured in a car accident, contact Robert Armstrong today.

What if minimum insurance coverage doesn't cover medical bills in North Carolina - Robert armstrong personal injury attorney north carolina

You were in an accident in Wilmington, NC where you sustained injuries. You’ve been dealing with the pain of your injuries and coordinating your doctor’s appointments against work and life obligations. Now insurance companies are telling you they aren’t going to cover all of your medical expenses because of minimum state limits. Why is this happening and what do you do?


North Carolina’s Minimum Car Insurance Requirements

Every state has its own laws regarding what kind of insurance coverage a driver must have to be compliant with the law. If you are living and driving in North Carolina, it is important to be familiar with what these requirements are – whether you are buying you or your teenager’s first insurance policy, shopping around for a new insurance company for better rates, or have just been in an accident.


North Carolina Car Insurance Requirements & Personal Injury Coverage:

Every North Carolina driver is required by state law to have liability insurance. Liability Insurance protects you in accidents where you are at fault by covering costs for injuries and damages. The North Carolina Department of Motor Vehicles (DMV) details that every insurance policy’s liability insurance must have at the minimum the following coverage:

  • $30,000 for bodily injury liability, per person per accident
  • $60,000 of bodily injury liability total per accident

Now, these are the bare minimum requirements and it is always important to consider whether you might want to pay a little bit more to increase your coverage. Paying a bit more to increase these limits can allow you to access policies that have a combination of Uninsured and Underinsured Motorist Coverages.


What is Uninsured or UnderInsured Motorist Coverage?

Uninsured Motorist (UM) Coverage

In North Carolina all drivers must have Uninsured Motorist (UM) coverage. If you are in an accident with an uninsured motorist who was at fault and you have a North Carolina insurance policy, your UM coverage can help cover medical bills and property damage.


Uninsured Motorist (UM) / Underinsured Motorist (UIM) Coverage

If you are paying a little extra to have higher limits and better coverage, your insurance company’s policies at these higher rates are required to provide combined Uninsured Motorist (UM) and Underinsured Motorists (UIM) coverages. Having Underinsured Motorist (UIM) coverage can make a world of difference.

Here’s how:

If you are in an accident with an at-fault underinsured driver whose policy coverage isn’t actually going to cover all of your own medical bills, your combined UM/UIM coverage may be able to help you cover the remaining costs. For a small amount of extra money per year, it can make a huge difference in your protection.


Check out the North Carolina Department of Insurance Consumer Guide for further review of state requirements and limits.


What is the very best way to try to get my medical bills taken care of after an accident?

If you or someone you love was injured in a car accident and it wasn’t your fault, the most important thing you can do for yourself or your loved one is to hire an experienced personal injury lawyer to help handle your case. Contact Robert Armstrong’s office today for help. We have extensive experience untangling insurance policies, maximizing benefits, and advocating for our clients’ physical, emotional, and financial needs. We want to meet you and we want to help.

How is pain and suffering calculated in North Carolina_ - Robert armstrong personal injury attorney north carolina

Pain and suffering. It’s a phrase we hear often with personal injury claims. But what does it really mean and how do you calculate it?

Defining Pain and Suffering

In the legal world, “pain and suffering” refers to the combined physical and emotional damage sustained by an individual after an injury caused by another’s negligence.

Special versus General Damages

There are two types of “damages” measured after a car accident or personal injury. Special damages include: medical treatment costs (both past and anticipated future), lost wages, and any property damage (such as your vehicle). Special damages can be easier to calculate because the expenses have clear costs/concrete numbers.

General damages are more difficult to calculate. Pain and Suffering falls under general damages and can include mental distress, a physical disability caused by an accident, and measures of a lowered quality of life. Applying a monetary number to mental distress, or the pain of a sore neck, is a difficult task. An experienced attorney can help fight this battle to ensure that you are really getting what you need and deserve for your experience.

How do you prove pain and suffering?

Proving pain and suffering is difficult, but worth it. The party responsible for your injury will seek a lower number than what you likely deserve. Strong, detailed documentation will be one of the best ways to support a pain and suffering claim.

  1. Do not withhold anything from your care providers. It is often easier to focus on our physical well-being because our emotional and mental well-being is less visible. Nothing is too small to mention to a provider. It is important that you talk with your providers if you are experiencing any emotional distress after your injury, including fear, sleep changes, grief, depression, anxiety, or inconvenient barriers in your life. 
  2. Seek the support you need for your injuries, including counseling for mental distress if needed. If you have mentioned experiencing anxiety while driving to a few of your doctors and/or sought further support, your providers will have documented this. 
  3. Keep your own journal. Write a bit daily about the treatment you received that day, how you are feeling, what you are struggling with in your daily routines, and any physical or emotional pain you are experiencing. This documentation can support a legal claim for pain and suffering, and may also offer you an emotional outlet.

How does pain and suffering get calculated?

Many factors are considered when determining a quantifiable number for pain and suffering. A few of the most influential factors in determining your pain and suffering award include: the severity of your injuries, the types of treatment you are receiving, the effects your injuries have had on your daily routines and life, and any mental distress as a result of your injuries. There are two common methods that attempt to calculate pain and suffering.

The “Per Diem Method”

The Per Diem Method is an approach where the insurance company pays the victim a consistent, daily amount per day until they have fully recovered. The daily rate will be based on the documentation of your pain and suffering, including all factors that have been discussed.

The “Multiplier Method”

The Multiplier Method is perhaps more common than the Per Diem Method. Pain and suffering is calculated by multiplying the quantifiable medical bills by a number. The multiplier is determined by the severity of the injuries, as evidenced by all of the documentation available about your injuries, treatment, and overall impact. The multiplier is typically between 1 and 5.


Pain and suffering is hard enough to experience after an injury. When it comes to getting what you deserve financially, it can be an uphill battle that requires a great deal of legal knowledge and experience. You don’t have to do it alone. Contact Robert Armstrong today for a free case evaluation.

Continuing to protect yourself from insurance companies after a car accident - Robert armstrong personal injury attorney north carolina

You’re home now and you’ve done everything right. You stayed at the scene, collected all the information, and didn’t admit fault. You filed a police report. You took pictures of the damages. You’re about to notify the at fault party’s insurance company and let them take over. After all, it’s over now and they’ve got this, right?


As insurance companies get more and more involved in your case, it is  more important than ever that you stay vigilant in the protection of your rights.


STAY VIGILANT in Protecting Yourself From Insurance Companies

  1. Notify Your Insurance Company

Provide the information you have diligently collected up to this point about the vehicles and people involved, witnesses, police reports, and photos of the damages. Provide the police report if you can or direct the insurance company to what department has the police report. Give them as much information as you can to support them in doing the right thing. It is important to think carefully about how you communicate with your insurance company. Check out a few do’s and don’ts to help you prepare.

     2. Keep Track of any Medical Treatment or Expenses

If you need medical attention after an accident, keep track of dates, times, and copies of all medical reports and bills. Additionally, strive to keep a journal or otherwise document how your injuries are impacting your daily life. Detail is important, including dates/times, missed workdays, impact on personal activities and engagement in life. This kind of documentation can support claims for pain and suffering compensation.

     3. Get a Property Damage Evaluation

The insurance company will refer you to repair shops in the area to get a damage estimate. However, insurance companies often have a dual relationship with their referral repair shops where they either own or partner with them for referrals. This means that the repair shop has a vested interested in saving the insurance company money wherever they can, even if it means cutting corners on your repairs.

Robert Armstrong recommends seeking out at least two estimates from independent repair shops who do not have a dual relationship with your insurance company. You are more likely to get a straight, unbiased estimate about what is truly needed for your car to run safely again. Having two or more reports to compare against can help you get the best idea of a fair and accurate estimate.

If you are having difficulty identifying where to get an estimate and/or running into roadblocks from insurance companies with your estimates, Robert Armstrong has extensive experience running point in these situations. We can take the fight off your shoulders.

    4. Know Who you are Talking To

It is common for the other driver’s’ insurance company to call to speak with you, ask how you are doing, try to obtain a recorded statement from you, and even offer you early compensation if they believe their driver was at fault and their company could be liable for damages. Be polite and cordial, but very cautious about what you tell insurance adjusters. NEVER agree to give them a RECORDED statement. This is one of the most common ways for you to lose your rights without even realizing it. Do not talk to a representative from another insurance company without the knowledge and/or presence of your insurance company or most ideally – an attorney. 

    5. Early Settlement Offers

Insurance companies may start contacting you with early settlement offers after an accident. They might call it a “settlement offer”, but may be expressing concern about your well being and offering money. This is one of the most effective ways for insurance companies to trick you into giving over your rights, before you even realize what has happened. An early settlement can mean that you have relinquished any further rights to compensation, before the extent of your injuries, medical needs, or vehicle damages are even fully understood. You do not want to give up your rights before you have all of the information you need. Never sign or agree to anything unless you can see it in writing and ideally without an attorney to help you review it.

What is the very best way to protect yourself after an accident from insurance companies?

If you or someone you love was injured in a car accident and it wasn’t your fault, the most important thing you can do for yourself or your loved one is to hire an experienced personal injury lawyer to handle your case. Contact Robert Armstrong’s office today for help.

How to not get tricked by insurance companies immediately after an accident - Robert armstrong personal injury attorney north carolina

You were just in an accident. You are still at the scene and your head is spinning with all of the instructions you have ever been told about what to do next. Luckily, you pay diligently for your car insurance. Plus, some other insurance company has a really caring advertising campaign about how “you are in good hands”, or something similar.

We see it time and time again at Robert Armstrong Law. Unfortunately, all insurance companies tend to have the same priorities after a car accident: protecting their own interests. Robert Armstrong wants you to know what actions to take to keep yourself safe, your rights intact, and to protect you from insurance companies taking advantage.

Start Protecting Yourself Immediately After a Car Accident

  1. Stay at the Scene and check on all drivers and passengers for safety.

Leaving the scene and/or failing to check on the other people involved can open you up to perhaps baseless allegations from insurance companies and lawyers. You could be accused of a hit-and-run.

     2. Exchange information with the other driver and DO NOT APOLOGIZE WHEN YOU ARE NOT AT FAULT.

Obtain information: names, numbers, addresses, driver’s license numbers, license plate numbers, make/model of vehicles, and basic insurance information. If you do not have any information about the other vehicle or driver, ask the law enforcement officer for the other drivers information.  If there are witnesses, request to obtain their name and numbers as well as witnesses can make a big difference in your case.

Never apologize or admit to wrongdoing. It is tempting to apologize for everyone’s stress and worry and/or to reflect on what you could have done to prevent this. Apologizing can make you vulnerable to insurance companies claiming that you have admitted fault.

      3. Call Medical Professionals and Police As Needed

If anyone is in need of medical attention call 911 immediately. If anyone is injured and/or there is significant property damage that you even think might lead to an insurance claim, call the police to have them file a police report. Ask for their name and badge information. Insurance companies have a more difficult time wiggling out of their responsibilities when a police report is telling them what happened.

      4. Take Pictures

Take pictures of the damage to your vehicle and if possible the other vehicle as soon as possible. Ideally, your photos will have a time stamp and will be from the actual scene. If the cars need to be moved to protect against further accidents, that should be the priority, but only move after you have been instructed to do so by the law enforcement officer. If possible try to get pictures from the accident itself. At minimum, try to provide pictures either from the scene and/or of the damages to your vehicle after to your insurance company as soon as possible so that no one can cast doubt on whether the damage to your vehicle was really from the accident.

What next? Insurance Companies are about to get a lot more involved in your case. It is about to be more important than ever that you continue to protect your rights throughout the claims process.

What is the very best way to protect yourself after an accident from insurance companies?

If you or someone you love was injured in a car accident and it wasn’t your fault, the most important thing you can do for yourself or your loved one is to hire an experienced personal injury lawyer to handle your case. Contact Robert Armstrong’s office today for help.

Do your personal injury medical records have red flag- - Robert armstrong personal injury attorney north carolina

Unfortunately, when it comes to personal injury claims against insurance companies, insurance companies will always try to offer you less money than you deserve to compensate you for injuries you sustained in a car accident. That’s just the way the insurance business works.

An experienced personal injury attorney like Robert Armstrong will work tirelessly to make the insurance companies pay what they owe, but often there are “red flags”  that insurance companies look for in your medical records as a way to justify paying you less money.

What are some of the red flags that insurance companies will identify?

There are several factors that come into play when insurance companies examine your medical records. Red flags include:

  • Degenerative changes – Degenerative means that your symptoms are chronic and that your condition continues to deteriorate or is irreversible. If your symptoms are degenerative, it will usually show up on tests like MRIs and X-rays. Typically, degenerative conditions are caused simply by the aging process, but degenerative changes could start to appear in your body as early as your 20s, so degenerative characteristics could realistically show up on almost anyone’s imaging tests. Insurance adjusters are quick to point out soft tissue injuries and claim that they are degenerative changes and not the direct result of a car accident. With the help of a good lawyer and the honest testimony of a medical professional, it could be proven that you weren’t having any discomfort or symptoms before the crash, even if there are degenerative signs that show up on your MRI or X-ray.
  • Pre-existing conditions – If you broke your arm in a car accident, and it just so happens that you broke the same arm in a skateboarding accident two years ago, an insurance adjuster could try to link your current pain and aftermath of the injury to your last painful injury. The same could hold true for prior car accidents, slip-and-falls, or any other pre-existing injury. That’s why it’s so important to have the testimony of a doctor or other medical professional.
  • Treatment gaps – If your doctor recommends that you go to physical therapy once a week, and records show that you consistently miss appointments and aren’t following your doctor’s orders, it could be a big red flag for the insurance adjuster. It’s common for crash victims to try to heal on their own without having the inconvenience of seeking medical treatment, but it’s important you don’t do that. Remember that an insurance company will do everything in its power to try to prove that you haven’t been completely honest and forthcoming about your injuries. Don’t give them any leeway.

There are many other red flags that could show up on your medical records, but with the help of an experienced personal injury attorney you can still get the settlement you deserve. If you or someone you love has been injured in a car accident, contact Robert Armstrong’s office today for help.

Do you need a witness to prove an auto accident case- - Robert armstrong personal injury attorney north carolina

If you were in an accident and it wasn’t your fault, how do you prove that someone else was to blame? You need evidence to prove that you’re telling the truth, and witnesses are an extremely valuable tool in helping you and your lawyer build your case.

Can you still prove your case without a witness? Certainly. But it’s a little harder to do, and there are steps you need to take immediately after the crash to help yourself obtain evidence.

What do you do when you have witnesses?

If someone at the scene saw what happened, that’s great news! It’s a much easier case to prove if you have a witness on your side. What’s even better is if the witness happened to get pictures or video of the crash.

Here’s what you should do at the scene if you are not seriously injured and are able to do so:

  • Make sure you ask any and all witnesses to recall every single detail about what they saw.
  • Record all of their statements
  • Get their names and contact information so they can be contacted later about the case.

What do you do when there are no witnesses to the accident?

If no one was around and no one saw the accident, you should take the following steps immediately after the crash, provided you are not seriously injured and are able to do so:

  • Get out your camera phone, and start taking pictures of everything. Is there broken glass? Snap a picture. Tire marks on the road? Snap a picture. Anything and everything that might help your case, snap a picture.
  • If you are injured and stuck in one place, then record yourself and describe your injuries, recount what happened, and talk about the pain and what you’re feeling at the scene.

It may seem like an odd place and time to be snapping pictures and recording yourself, but the more evidence, pictures and recordings you have, the better the chances of you getting the amount of money you deserve when you pursue your claim.

Plus, it will help you to keep your story consistent as time goes by.

What’s the most important thing you can do after an accident?

If you or someone you love was injured in a car accident and it wasn’t your fault, the most important thing you can do for yourself or your loved one is to hire an experienced personal injury lawyer to handle your case. Contact Robert Armstrong’s office today for help.b

Should Your Car Accident Claim Include Pain and Suffering- Robert armstrong personal injury attorney north carolina

You might have heard the term “pain and suffering” in association with lawsuits, but what is it — and is it prudent to go for pain and suffering in your car accident claim?

Pain and suffering is a legal word that describes a wide range of injuries you might have suffered if you were in a car accident. That’s not just physical pain. It could also include emotional and mental trauma, like losing sleep, depression, worry, inconvenience and loss of quality of life.

Pain and suffering is included in the “non-economic” side of damages, i.e., it’s not easily seen on paper in the form of medical bills, lost income, the cost to fix your car or buy a new one, and other things like that.

Pain and suffering isn’t an easy thing to calculate. How do you put a number on emotional distress, anxiety and fear? Although there’s no written statute on how exactly it is determined, there are ways that it can be factored in, and with the help of an experienced personal injury attorney you should receive a fair amount of money for your pain.

What factors are considered in pain and suffering?

Here are some of the things insurance adjusters, lawyers and judges look at when calculating pain and suffering:

  • How severe were your injuries?
  • How much physical pain and overall discomfort are typically associated with your injuries?
  • How have your injuries affected your life? Are you unable to play sports? Are you unable to be a good partner in your relationship? Does your injury prevent you from your hobbies?
  • How long will it take you to completely heal from your injuries?
  • Are you on pain medication for the long-term, or are you required to have long-term physical therapy?

What methods do adjusters and lawyers use to determine pain and suffering?

There are two popular methods that lawyers and insurance adjusters use to calculate a starting point for pain and suffering:

  • Per-diem – they set a dollar amount for each and every day you lived in pain
  • Multiplier – this is a number based on your economic damages — a multiple of your medical bills and lost income.

How do you negotiate a higher amount of pain and suffering?

Getting the most for your injuries, as well as your pain and suffering, is a job best left up to an experienced personal injury attorney. He or she is able to better gauge the severity of your injuries and the potential monetary value of your pain and suffering.

These monetary awards can vary from a few hundred dollars to thousands of dollars. There’s a lot at stake.

If you or someone you love has been injured in a car accident, contact Robert Armstrong’s office today.