How Much Will I Get for Pain and Suffering from a Car Accident?

Being injured in a car accident caused by a negligent driver can take an immense physical and emotional toll on you and your family. But beyond the medical bills and lost income, there’s another kind of damage that often goes unspoken—your pain and suffering. These personal, deeply felt experiences can impact every part of your life. But how are they valued in a personal injury case? What is pain and suffering really worth?

If you’re asking, “How much will I get for pain and suffering from a car accident?”—you’re not alone. It’s often one of the first questions car accident victims ask when they seek the help of a car accident lawyer. 

Some damages, such as medical expenses, missed work, and limitations on your ability to work, are relatively straightforward to calculate. But your unseen, subjective injuries such as pain and suffering, can be much harder to quantify and prove. 

Key Takeaways

• Pain and suffering from a car accident include both physical and emotional impacts that can deeply affect your life.
• Calculating compensation for pain and suffering involves specific methods and formulas used by insurance companies and lawyers, with no universal standard.
• Evidence like medical records, personal journals, and testimony from loved ones strengthens claims for pain and suffering.
• Working with an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.
• Legal guidance helps protect your rights and helps you receive the best possible chances for a fair recovery.

What Does “Pain and Suffering” Include in a Car Accident Claim?

“Pain and suffering” accounts for more than the immediate physical discomfort after a car accident. It’s a method of compensating you for the emotional toll and pain of your injuries, which can linger for months or even a lifetime after the crash. 

There are two main categories often referenced in personal injury cases:

Physical pain and suffering

This includes the actual pain caused by the injuries, such as broken bones, soft tissue injuries, or chronic pain conditions that develop after the accident. It also accounts for pain from recovery, including surgeries, physical therapy, and long-term discomfort.

Mental and emotional suffering

The emotional consequences of a car accident can be just as debilitating and harder to heal than physical injuries. Emotional trauma ranges from anxiety and depression to post-traumatic stress disorder (PTSD). For many, the loss of enjoyment in once-loved activities or strained relationships due to the aftereffects of the accident also fall into this category.

An experienced personal injury lawyer can explain how these elements of suffering apply to your case and determine how much compensation you should receive to cover all of your expenses now and in the future. 

Factors That Impact the Value of Pain and Suffering Claims

Calculating how much you might receive for pain and suffering isn’t straightforward. The value of these damages often depends on several factors, and no standard amount applies to every case. Among the key elements that influence this valuation are:

Severity of your injuries

More serious injuries tend to result in higher pain and suffering awards. If you’ve suffered a traumatic brain injury, spinal cord damage, or disfigurement, your compensation may be substantially higher than for a sprain or minor fracture.

Duration of your recovery

Long-term or permanent injuries generally increase the value of a pain and suffering claim. The longer your life is disrupted—and the more treatment you require—the more your damages may be worth.

Strength of evidence

To build a compelling case for pain and suffering, your attorney may use:

• Medical records and expert testimony
• Psychiatric evaluations
• Journals documenting your daily pain
• Testimony from family, friends, or co-workers
• Photographs or video evidence of your condition

Credibility and consistency

Insurance companies will scrutinize your statements for inconsistencies. That’s why working closely with a lawyer is so important. Your attorney will help ensure that your claims are supported by documentation and delivered consistently, from your initial medical report to your deposition and beyond.

Insurance policy limits

In many cases, the amount you can recover is limited by the at-fault party’s insurance policy. If your damages exceed those limits, your attorney may explore other avenues, such as filing against multiple parties or identifying underinsured motorist coverage.

How Is Pain and Suffering Calculated?

There’s no fixed formula for determining how much your pain and suffering is worth. It’s not like totaling up a bill. Instead, insurance companies, judges, and juries look at the specific details of your situation to reach a fair number.

While there is no uniform method, these are the most widely used methods for estimating pain and suffering compensation:

The multiplier method

This approach multiplies your total economic damages, such as medical bills and lost income, by a number, usually between 1.5 and 5, depending on the severity of your injuries. For example, if your medical bills and lost wages total $50,000 and a multiplier of 3 is used, your pain and suffering damages could be $150,000.

Factors that affect the multiplier include:

• The intensity and duration of your pain
• Whether your injuries are permanent
• The disruption to your everyday life
• Emotional trauma or mental health issues
• The strength of supporting medical documentation

The per diem method

This per diem method assigns a daily dollar value to your pain and suffering, based on how much you might reasonably earn in a day or what your suffering is “worth” day-to-day. That figure is then multiplied by the number of days you’re expected to experience pain. For example, $200 per day for 180 days would result in $36,000 in non-economic damages.

How an Attorney Can Strengthen Your Claim

Insurance companies are in the business of saving money, not providing fair settlements. Without someone advocating for your best interests, you may find yourself with an offer that barely scratches the surface of your pain and suffering. A skilled attorney brings value not just in calculating damages but in ensuring those damages are supported with convincing evidence and arguments.

From securing medical records, witness statements, and other essential documents to challenging lowball offers from adjusters, a lawyer builds a solid case that accurately reflects everything you’ve endured. Their in-depth knowledge of personal injury law ensures every legal aspect of your claim is addressed, maximizing your chances of receiving the full compensation you deserve.

Evidence That Supports Pain and Suffering Claims

Proving pain and suffering requires more than simply stating your case. To secure fair compensation, your claim must be backed up with objective, persuasive evidence. Below are some types of evidence that can strengthen your pain and suffering claim:

• Medical Records: All documents related to your medical care provide a detailed account of your treatment, diagnosis, and prognosis. Your records might include notes from doctors describing your symptoms, x-rays, or records of surgeries and follow-up appointments.
• Photos of Injuries: Pictures of visible injuries such as bruises, cuts, or surgical scars can help illustrate the physical toll of the accident.
• Personal Journal: Keeping a daily record of your symptoms, emotional struggles, and how your injuries affect your daily life allows you to capture the full impact of your experience in your own words.
• Statements from Loved Ones: Family members, friends, or co-workers can provide written accounts of how your injuries have changed you physically or emotionally. Their observations can be particularly impactful in painting a picture of what you’ve endured.
• Mental Health Documentation: If the accident has caused anxiety, depression, or PTSD, professional documentation from a counselor or therapist can substantiate your emotional pain and suffering.

Working with an experienced personal injury lawyer helps ensure that all documentation aligns with the strategy for your case. Pain and suffering are inherently personal, and a legal professional can frame the information in a way that makes it hard for an insurance company to dispute.

Challenges in Valuing Pain and Suffering Without Legal Help

The process of valuing pain and suffering can be one of the most contentious aspects of a car accident claim. Insurance companies aim to minimize payouts to protect their profit margins. They often argue that your injuries are minor, ignore the emotional effects, or offer settlements that don’t reflect the true impact of what you’ve been through.

If you attempt to handle a claim on your own, you’ll likely face low settlement offers. Insurance adjusters may rely on software to estimate the value of your claim, often disregarding the human aspect of your pain and suffering. Navigating this process without legal guidance can leave you at a significant disadvantage.

A skilled personal injury attorney plays a crucial role in leveling the playing field. 

They understand the tactics insurance companies use and how to counter them effectively. With proper legal representation, you’ll have someone advocating for fair treatment and ensuring that the full scope of your losses is considered.

Can You Sue for Pain and Suffering After a Car Accident?

You may be able to sue for pain and suffering, depending on the specifics of your accident and your state’s laws. For example, in “no-fault” states, your ability to recover pain and suffering damages may be limited unless your injuries meet a threshold such as permanent damage or significant disability. A personal injury lawyer can evaluate your case and determine the best course of action for pursuing compensation.

Filing a lawsuit involves more than completing legal documents. It requires building a compelling, evidence-based argument to demonstrate how the accident has disrupted your life. Enlisting the help of experts like medical professionals and mental health specialists can help vividly illustrate the full extent of your pain and suffering.

An attorney’s support ensures you have guidance for each step of the process. Whether negotiating with an insurance adjuster or presenting your case in court, they work to protect your interests and fight for the compensation you’re entitled to.

Can a Personal Injury Lawyer Increase Your Compensation?

Handling a car accident claim on your own can be incredibly tedious, and securing a fair settlement for your pain and suffering and other losses can be a long shot without an experienced lawyer. A personal injury attorney not only strengthens your claim but also safeguards your claim from tactics used by insurance companies and gives you leverage for a better settlement. Here are a few ways they add value to your case:

• Collecting and organizing evidence to support your claim, including medical records and professional testimonies.
• Negotiating with insurers to seek fair compensation reflective of your physical and emotional suffering.
• Simplifying the legal process so you can focus on recovery instead of paperwork or court filings.
• Ensuring your legal rights are protected and that deadlines are met.
• Preparing your case for a trial if the insurance company refuses to offer you a fair deal.

When you work with a knowledgeable attorney, you set yourself up for a more favorable outcome, whether through settlement negotiations or a court judgment.

Take the First Step Toward Justice

Pain and suffering are not merely abstract concepts; they represent the very real physical and emotional toll that accidents cause. If you’re unsure about the value of your claim or how to approach the legal process, consulting an experienced personal injury lawyer is a critical first step.

For over 50 years, The Rothenberg Law Firm LLP has fought for accident victims across the United States, helping clients secure fair compensation for their pain and suffering. Backed by billions of dollars recovered, our team understands the struggles you’re facing and is ready to help you move forward.

Contact us today at (800) 624-8888 or fill out our online contact form for your free consultation. You won’t pay a fee unless we win your case. Together, we’ll work to ensure your rights are protected and that you receive the best possible financial support you need to recover and move ahead.

Call for Legal Help 1-800-624-8888