After a car accident, not all damage is physical. You might also feel ongoing pain, stress, or sadness. These are called “pain and suffering,” and they can burden your health and daily life for a long time. Many accident victims want to know how this part of a settlement is figured out and whether it can increase the amount they receive.
At Good Guys Injury Law, we help you understand how pain and suffering damages are measured and what you can do to support your claim. Whether you’re dealing with anxiety, sleep problems, or the emotional toll of physical pain, these effects matter. We believe every part of your loss should be counted, both the visible and the invisible ones.
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What Is Pain and Suffering?
Pain and suffering refers to the physical and emotional pain you feel after a car accident. It includes more than just injuries you can see on the outside. It covers how your injury affects your mind, mood, and everyday life. This can mean physical pain that doesn’t go away or emotional distress like fear, anxiety, or frustration. Pain and suffering damages are considered non-economic losses because there’s no exact dollar amount tied to them.
These damages are often hard to prove, but they are very real. You deserve compensation for the toll an accident takes on your life, not just the cost of hospital bills or car repairs. Every person’s experience is different, so the compensation for pain and suffering depends on many things. Courts and insurance companies look at the whole picture, including how much your life has changed and how long your symptoms last.
Examples of Pain and Suffering
- Physical pain – Ongoing discomfort, soreness, or nerve damage
- Mental anguish – Feelings of fear, sadness, or anger after the accident
- Emotional distress – Anxiety, depression, or trauma related to the crash
- Loss of enjoyment – Not being able to do things you once loved
- Sleep problems – Trouble sleeping or nightmares
- Loss of companionship – Struggles with relationships due to the accident
- Disfigurement or scarring – Lasting changes to your appearance
Is Pain and Suffering Compensated in a Car Accident Claim?
Pain and suffering is not just something people experience—it’s a type of harm that courts and insurance companies recognize in personal injury cases. While it’s harder to measure than things like medical bills or lost wages, it still matters.
That’s why pain and suffering compensation is often part of what’s known as non-economic damages in a personal injury claim.
Part of Non-Economic Damages
Non-economic damages cover losses that don’t have a set dollar amount. Pain and suffering damages fall into this category. If you’re injured in a car accident, and you’re dealing with pain every day or struggling with emotional distress, you may be able to recover money for those losses.
The goal is to make sure you are not only paid for bills but also for how your life has changed. A personal injury lawyer can help show what you’ve been through so the insurance company takes your suffering seriously. This is why having a strong claim matters.
Included in Both Insurance Claims and Lawsuits
Whether you’re filing a claim with the insurance company or going to court, pain and suffering damages can be included. Many car accident cases settle outside of court. Still, the insurance company may try to limit what it pays. That’s why it’s important to build a strong case.
If your case does go to trial, your pain and suffering claim becomes part of the personal injury lawsuit. In either case, proving the effects on your life is key. That means showing how your injuries caused physical pain, emotional distress, or changes to your daily life.
Methods Used to Calculate Pain and Suffering
There is no one-size-fits-all pain and suffering calculator. Each method looks at your situation differently. Here are the three common ways to estimate suffering compensation after a car accident:
Multiplier Method
The multiplier method is one of the most commonly used ways to figure out pain and suffering damages. Here’s how it works: You add up all your medical expenses and then multiply that number by a value, usually between 1.5 and 5.
The multiplier is based on how serious your injuries are. For example, more severe injuries like broken bones or permanent damage may use a higher number. This is not exact math, but it gives insurance companies a starting point when deciding how much to offer in a pain and suffering settlement.
Per Diem Method
The per diem method uses a daily dollar amount for each day you suffer. That amount is then multiplied by how many days it takes for you to recover or reach your maximum improvement. It’s usually based on lost wages or a similar figure.
Let’s say your daily value is $200, and you suffer for 100 days. Your pain and suffering compensation could be around $20,000. This method works better in cases where there’s a clear recovery period. It’s another way to show what your suffering is worth.
Hybrid or Negotiated Value
Sometimes, pain and suffering is not calculated using a formula at all. Instead, the amount is negotiated between your lawyer and the insurance company. This is common in cases where the damage is hard to measure.
Your personal injury lawyer might show photos, videos, or medical records to explain the emotional and physical toll the accident had on you. While there’s no suffering calculator involved, the goal is still the same — to get fair compensation for your pain, both physical and emotional.
Factors That Affect the Value of Pain and Suffering
Pain and suffering compensation depends on more than just how you feel. Many details can raise or lower the value of your claim.
Severity of Injuries
More severe injuries usually mean more pain and a higher chance of emotional trauma. Someone with a broken spine will likely suffer more than someone with bruises. This affects the pain and suffering settlement.
Your pain and suffering lawyer will look at how serious your injuries are. Injuries that cause long-term pain, disfigurement, or disability often result in a larger payout. In personal injury law, the worse the injury, the higher the compensation tends to be.
Length of Recovery Time
The longer it takes you to recover, the higher your pain and suffering damages may be. A short recovery might mean a few weeks of discomfort. But if you need surgery or physical therapy for months, that adds to your suffering.
Courts and insurance companies consider how long you’re unable to live normally. Longer recovery time often means more emotional distress, which can increase the amount of compensation you may receive.
Long-Term Physical or Emotional Effects
Some car accident injuries never fully go away. If you’re left with chronic pain, reduced mobility, or permanent damage, those effects are considered when calculating pain and suffering damages. Emotional distress that doesn’t improve over time, like anxiety or post-traumatic stress, also increases the value of your suffering compensation.
These lasting effects can make life harder for years. In personal injury law, the goal is to recover fair compensation, not just for today’s pain, but for the suffering you’ll face long-term. The more serious or permanent the harm, the higher the compensation you may deserve.
Impact on Daily Life or Ability to Work
Pain and suffering damages often go up when the injury affects your daily routine. If you can’t do basic tasks, enjoy hobbies, or take care of yourself without help, that shows serious life disruption. Losing the ability to work or care for your family adds more emotional strain.
This disruption can lead to both financial losses and emotional distress. You may not just lose income, but you may also lose your independence or quality of life. That’s something a pain and suffering lawyer will work to show clearly in your personal injury case.
Strength of Medical Documentation
Insurance companies look closely at your medical records. The stronger and clearer they are, the more support you have for your claim. If your records show consistent treatment, a clear diagnosis, and proof of ongoing pain, it becomes harder for the insurance company to deny your suffering.
A personal injury lawyer will make sure those records are organized and complete. They can also help explain medical language in a way that shows how your injury affects you every day, physically and emotionally.
Testimony From Family or Mental Health Experts
Sometimes, what others say about you matters just as much as what’s in your medical records. If a therapist or counselor confirms emotional pain, or your family says they’ve seen big changes in your mood, sleep, or personality, that can strengthen your claim.
In personal injury cases, this kind of testimony shows the full human repercussions of your injury. It helps explain things that paperwork can’t, like emotional distress or mental anguish that affects your home or work life.
FAQs
1. How do I know if I qualify for pain and suffering compensation?
If you were hurt in a car accident and experienced physical pain, emotional distress, or long-term changes to your life, you may qualify. You’ll need proof, like medical treatment records, journal entries, or statements from others who saw the consequences on you.
2. Is pain and suffering only for serious injuries?
Not always. Even moderate injuries that cause ongoing pain and anxiety or affect your work or personal life can qualify. The key is showing how the accident changed your day-to-day experience. Medical treatment and personal documentation help support your claim.
3. Can an insurance company deny my pain and suffering claim?
Yes. Insurance companies often question non-economic damages like pain and suffering. That’s why working with an experienced car accident attorney can help. They know how to present strong evidence and push back against unfair offers.
4. How is pain and suffering calculated if there’s no exact formula?
Pain and suffering is usually calculated using the multiplier method or per diem method. Your lawyer will look at things like the severity of your injury, the length of medical treatment, and how your life was affected. Then they’ll estimate a fair amount based on that.
5. Do I need a lawyer to get pain and suffering damages?
It’s possible to file a claim on your own, but it’s much harder to win the full amount you deserve. An experienced car accident attorney can help you build a strong case, deal with the insurance company, and make sure your pain and suffering is taken seriously.
Contact Our Utah Car Accident Lawyer Today
If you’re dealing with pain and suffering after a car accident, you don’t have to go through the claims process alone. These cases can be confusing, especially when you’re also recovering physically and emotionally. At Good Guys Injury Law, we know how hard this time can be, and we’re here to help.
Our team listens to your story, explains your options in simple terms, and fights for the pain and suffering compensation you deserve. Whether you’re filing an insurance claim or pursuing a personal injury lawsuit, we’ll stand by your side every step of the way. We’ll make sure the insurance company takes your injuries and suffering seriously.
Your first meeting is always a free consultation. You don’t pay us unless we win. Call us today to speak with a personal injury lawyer who truly cares about your recovery and your future.
