How Much Will I Get for Pain and Suffering?

Physical pain and suffering

This includes the actual pain and discomfort you’ve experienced as a result of your injuries, both in the immediate aftermath of the accident and ongoing pain you may continue to experience.

Emotional or mental suffering

This encompasses the psychological impact of your injuries, such as anxiety, depression, loss of enjoyment of life, fear, and trauma.

Severity of your injuries

More severe injuries typically result in higher pain and suffering awards. Injuries that cause long-term or permanent disability, chronic pain, or significant lifestyle changes often lead to larger settlements.

Duration of your recovery

The length of time it takes you to recover from your injuries can affect your compensation. Longer recovery periods often correlate with increased pain and suffering.

Impact on your daily life

If your injuries prevent you from engaging in activities you previously enjoyed or affect your ability to perform daily tasks, this can increase your pain and suffering damages. For example, you can recover compensation for a traumatic brain injury or spinal cord injury that prevents you from doing your job or engaging in hobbies that you love. These and other impairments can boost not only your economic damages but can contribute to your pain and suffering damages.

Psychological effects

Severe emotional trauma, development of mental health issues like PTSD or depression, or significant changes in personality due to the accident can all factor into pain and suffering compensation.

Your age

Younger victims who will have to live with the effects of their injuries for a longer time may receive higher compensation.

Pre-existing conditions you may have

If the accident exacerbated a pre-existing condition, this could be taken into account when calculating pain and suffering damages.

Strength of evidence in your case

The more compelling evidence your attorney has to support your claim of pain and suffering, the better your chances of receiving fair compensation.

Insurance policy limits

The at-fault party’s insurance policy limits can sometimes cap the total amount of compensation available, including for pain and suffering.

Liability

The degree of fault assigned to each party in the accident can affect the final compensation amount.

Proving non-economic damages

Unlike medical bills or lost wages, pain and suffering isn’t something you can easily document with receipts or pay stubs. It requires clear and convincing evidence to demonstrate the extent of your non-economic losses.

Insurance company tactics

Insurance adjusters often try to minimize pain and suffering claims. They might argue that your injuries aren’t as severe as you claim or that you’re exaggerating your suffering.

Subjectivity

Pain and suffering are inherently subjective experiences. What one person finds deeply traumatic, another might handle more easily. This subjectivity can make it difficult to quantify your suffering in a way that others find convincing.

Lack of physical evidence

Some injuries, particularly those causing chronic pain or emotional trauma, might not have visible physical signs. This can make it harder to prove the extent of your suffering.

Pre-existing conditions

If you had any pre-existing health conditions, the defense might argue that your pain and suffering are due to these conditions rather than the accident.

Delayed symptoms

Some injuries, particularly those affecting the brain or spine, might not show symptoms immediately. If you delay seeking medical treatment, it could be harder for your lawyer to link your pain and suffering to the accident.

Inconsistent statements

The insurance company could use any inconsistencies in your account of the accident or your injuries to undermine your claim for pain and suffering.

Lack of medical treatment

If you don’t seek consistent medical care or follow your doctor’s recommendations, the insurance company could argue that your pain and suffering isn’t as severe as you claim.

Social media pitfalls

Posts on social media that show you engaging in activities inconsistent with your claimed injuries could be used to challenge your pain and suffering claim.

Document Everything

Keep track of your medical appointments, prescriptions, treatments, and any therapy or counseling you receive. Document how your injuries affect your daily life, relationships, and ability to work. A detailed journal can be powerful evidence when it comes time to argue for pain and suffering damages.

Seek Medical Help

Continue to see your doctor and follow through with all recommended treatments. This not only helps you heal but also shows that your pain is serious enough to require ongoing care. The more evidence you have of your suffering, the stronger your case will be.

Get a Mental Health Evaluation

Emotional pain can be just as debilitating as physical injuries. Seeing a therapist or counselor to discuss your anxiety, depression, or trauma after the accident can strengthen your claim. Their testimony or written reports can be useful in proving emotional distress.

Avoid Quick Settlements

It might be tempting to accept the first settlement offer, especially if you’re facing mounting bills. However, rushing to settle can leave you with far less than you deserve. Make sure you understand the full extent of your injuries and how they’ll impact your life long-term before agreeing to any settlement.

Do not post on social media until your case resolves

The at-fault party’s insurance company will scour the web for evidence showing that the accident did not injure you nearly as badly as you claimed. They can subpoena posts that you marked as private, and will use anything you post against you.

Negotiating with Insurance Companies

Insurance companies are often more willing to offer a fair settlement when they know you have legal representation. A skilled attorney can negotiate on your behalf, pushing back against low offers and presenting a strong case for higher damages.

Building Your Case

Your attorney will gather evidence, consult with medical experts, and prepare detailed arguments to show the extent of your pain and suffering. This includes collecting medical records, witness statements, and any other documentation that supports your claim.

Calculating a Fair Amount

Knowing how much to ask for in pain and suffering damages requires experience. Your attorney can estimate a fair range based on the specifics of your case by speaking with economics experts and consulting with your medical team to obtain functional capacity evaluations and life care plans. They’ll fight to make sure the insurance company does not undervalue your claim.

Taking Your Case to Court

While many personal injury cases settle before trial, your attorney will be prepared to take your case to court if needed. If the insurance company won’t agree to a fair settlement, a lawsuit might be the best way to secure the compensation you deserve.