How to Negotiate Pain and Suffering in a Car Accident ClaimPrepare well. ... Learn about pain and suffering. ... Keep your tone with the adjuster professional. ... Explain how the injury affected your life. ... Do not be shy. ... Tell the insurance adjuster how painful the whole experience was. ... Explain how painful the treatment was.More items...
Some documents your lawyer may use to prove that your pain and suffering exist include:Medical bills.Medical records.Medical prognosis.Expert testimony.Pictures of your injuries.Psychiatric records.
To prove a claim for intentional infliction of emotional distress in California a plaintiff must prove that:The defendant's conduct was outrageous,The conduct was either reckless or intended to cause emotional distress; and.As a result of the defendant's conduct the plaintiff suffered severe emotional distress.
The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.