I am 38 years old and I was injured in a wreck three years ago; my back still hurts, but I have returned to work. A lawsuit was filed and the case is still ongoing. My lawyer told me I can recover for medicals, lost wages and for pain and suffering. Can I make the insurance company pay me more money because it has taken so long to get the case resolved?

The insurance company does not owe you more money because it has taken so long, but, if you have a good lawyer, then he or she is fighting to get you fair and just compensation which takes time. Insurance companies want to settle quickly, but they try to get you to take less than what the case is worth. If a client tells me he suffered a broken arm and his medicals are $2,500.00, then I explain that the insurance company would be happy to pay him $2,500.00 today, but that is not what his case is worth. If the case is worth more, then it will take time to educate the adjuster why he or she needs to pay more or it will take time to present the case to a jury if the adjuster won’t listen.

Assuming you have a life-altering injury, then you are entitled to pain and suffering for the duration of your life. In your case, statistically, you will live with pain for more than 40 years which is 14,600 days. 40 years is also over 350,000 hours.

The measure of damages for pain and suffering is the enlightened conscience of fair and impartial jurors. This includes damages for physical suffering, mental suffering, and future pain and suffering as the jury believes the plaintiff will endure. A skilled trial lawyer can explain to the jury why they should award hundreds of thousands dollars or millions of dollars to people who have life altering injuries because of a wreck.

Most of my clients have permanent injuries and I explain that justice is slow. I wish insurance companies would pay fair compensation immediately, but sometimes they have to let a jury speak before they understand what is just and fair.
The foregoing answer is not legal advise and is merely a general overview. You are advised to consult a lawyer to address your specific situation. For more information about Stephen D. Apolinsky and the Law Firm of Apolinsky & Associates, LLC, visit our website: www.aa-legal.com or write Steve at steve@aa-legal.com.

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