Calculating Pain - A question of value?
How much is your pain worth? Can we argue that your headache is $5? or $10,000? In reality, your pain is not worth more than you are willing to settle for. However, to insurance companies, pain is only worth what a jury would be willing to pay (or less).
The adjuster objective is to determine the value of similar cases, in your jurisdiction and estimate how much is the top award you would get. If you are asking for more than that, then they will go to court. Make no mistake, their first offer is always lower (way lower) than their original assessment. They want to give themselves space to go up in a negotiation.
Similarly, you should always make and offer that is high. Then move down as they move up. You are trying to come within a range of negotiation. Remember there are other things that affect a settlement, like the severity of the injury, your medical treatment, and your medical reports. They are key pieces in evaluating pain.
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