Pain and Suffering: What You Need to Know

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1. Understanding Pain and Suffering in Personal Injury Claims

REVIEWED BY

C. William Kenny

January 01, 2025

Board certified by National Board of Trial Advocacy

Understanding Pain and Suffering in Personal Injury Claims

When someone is injured in an accident, the physical damages and medical bills are often the first concerns that come to mind when seeking compensation. However, another crucial aspect of a personal injury claim is “pain and suffering.” This term refers to the physical, emotional and mental distress caused by an injury, and it can significantly affect the total compensation a person may be entitled to. Understanding how pain and suffering is evaluated in personal injury claims is important for anyone involved in a claim.

What is Pain and Suffering?

Pain and suffering is the ongoing physical pain, emotional distress and mental anguish resulting from an injury. It goes beyond the medical expenses associated with treating the injury. This type of compensation acknowledges the hardship that injury victims endure in their daily lives as a result of their accident.

Pain and suffering damages typically fall under two categories:

1. Physical Pain and Discomfort: This refers to the immediate and ongoing pain resulting from the injury. It may include the pain experienced during treatment, recovery or in the long term if the injury leads to permanent disabilities.
2. Emotional and Psychological Distress: This can include anxiety, depression, post-traumatic stress disorder (PTSD), insomnia and loss of enjoyment of life. Injuries that affect a person’s ability to engage in daily activities, hobbies or work can lead to emotional distress, impacting a person’s quality of life.

How Pain and Suffering Are Calculated

Pain and suffering are subjective and can be challenging to quantify. Unlike medical bills, which have clear dollar amounts attached, pain and suffering is much more personal and can vary greatly depending on the individual and their circumstances. 

In some cases, an attorney may call upon medical professionals, mental health experts or vocational experts to testify about the long-term effects of an injury. Their expert testimony can help the court understand the extent of the pain and suffering experienced by the victim, leading to a more accurate compensation amount.

Factors That Affect Pain and Suffering Claims

Several factors influence the amount of compensation for pain and suffering in a personal injury case. These include:

• The severity of the injury: More serious injuries, such as spinal cord damage or traumatic brain injuries, often result in higher pain and suffering awards.
• The duration of the recovery process: If an injury requires a long recovery time, or if the victim faces permanent impairment, the pain and suffering compensation will likely be higher.
• The emotional and psychological impact: Injuries that affect a person’s mental health and ability to function daily can result in higher compensation.
• The impact on quality of life: If the injury prevents the person from participating in activities they once enjoyed, this can be factored into the compensation amount.

Receiving Compensation after an Accident

Pain and suffering are critical components of personal injury claims, and they reflect the true impact of an injury on a person’s life. While it is difficult to quantify the emotional and physical toll of an injury, it is important to understand how pain and suffering can affect the total compensation awarded. 

If you or a loved one have been injured in an accident, contact the experienced personal injury attorneys of Berger and Green for a free case evaluation. We can help ensure that all aspects of your injury, including pain and suffering, are carefully considered when seeking compensation.