Posted on October 26, 2021 at 1:50 PM by The Biker Lawyers

Yes. Pain and suffering is a type of damage that can result from your personal injuries.

It also includes loss of quality of life or loss of the ability to do what’s important to you. "Pain and suffering" is a category of damages that can result from an injury.
Other damages categories include loss of income, loss of future earning capacity, medical bills, future medical costs, and loss of physical and mental function.  

All categories of personal injury damages can be compensated with money settlements or trial verdicts.

Accurately measuring and proving each of these harms, and getting fair compensation, is a complicated process with many pitfalls.  This is why it is important to have an expert working on your case.

What "counts" as Pain and Suffering?

Physical and emotional injuries cause a variety of consequences. Pain and suffering is a term for the effects you have to deal with after an injury.

The effects of physical and emotional injuries make up pain and suffering. For example, the pain you feel physically after a car crash, or the emotional suffering you face when you can’t enjoy your life after a truck collision leaves you with a back problem.

Pain and suffering can go on for a lot longer than nearly any other category of damages.  You may end up with chronic pain that lasts a lifetime. Think of the following medical conditions:

  • Migraines

  • Severe nerve damage

  • Arthritis caused by injuries 

  • Blown discs in your back

  • Traumatic injury to the neck, back, or brain

  • Partial or full paralysis

  • PTSD

  • Anxiety 

  • Depression

What is the Value of Pain and Suffering?

There isn't an easy answer for this. Only an experienced personal injury lawyer near you can begin to make an accurate analysis for this.

There isn’t a one-size-fits-all answer here.  There is no formula, equation, or simple rule to determine the amount of money it takes to fairly compensate a person for pain and suffering in a personal injury lawsuit.  

Here are 8 questions that are commonly asked:

  1. What kind of pain are/were you in?  

  2. From what sort of injury?  

  3. How long did the pain last?  

  4. Is there still pain?  

  5. Will the pain go away, or not?  

  6. How does the pain change a specific person’s life?  

  7. Is it physical pain, emotional pain, or both?  

  8. Where and how is the pain experienced?  

Only an experienced personal injury lawyer can begin to make an accurate analysis for the fair compensation of pain and suffering. This analysis can only be made when you have either reached the point where the doctors have helped you as much as they can, or at least gotten you close to that point.

Decorative image by The Biker Lawyers about the value of a fair settlement in a pain and suffering case

What is a fair settlement for Pain and Suffering?

Each case is different. Pain and suffering will depend on the extent of your injuries and how those injuries have changed your life.

There isn’t an exact answer to this. Pain and suffering settlements are based on how bad your injuries are, how long they will last, and how the injuries change your life.  No person’s life is the same as another person’s life, so the answers to this question are different for everybody.

To better help you determine the value of a fair settlement for pain and suffering, you should start with a free consultation with an attorney that understands the laws, the factors impacting your case, and what your long and short-term needs may be.

The sooner you have this conversation, the sooner you can start on the road to recovery.

How much do insurance companies pay for pain and suffering?

Again, there isn't a common answer to this question as each case is different.
To get a better understanding of the nature of your case, we recommend downloading this free guide to navigating personal injury claims. Once you are ready, talk to an experienced personal injury attorney near you today for help with understanding the various factors that may impact the value of your case.

Download a FREE Personal Injury Guide

Speak with one of our practicing personal injury attorneys about your case.

The road to recovery isn't one you need to ride alone. It starts with a conversation. Click below to get started.

Request a Free Consultation with Pete or Dan, The Biker Lawyers

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