How Much Should I Ask for Pain and Suffering from a Car Accident?

Written by Jeremy D. Earle, JD

February 17, 2023

What is Pain and Suffering Worth in a Car Accident Case?

Clients are understandably curious about how much money they might expect to obtain when submitting a car accident claim. Expenses such as surgeries and car repairs are straightforward and straightforward; the monetary amounts are listed on your bills and invoices.

But what about the aches, headaches, restless nights, and other annoyances your injury has caused you? You may also be entitled to compensation for these losses.

A car accident lawyer can help you figure out how much compensation you should seek for pain and suffering resulting from the accident. They’ll think about the following:

  • The severity of your car accident
  • The sorts of pain and suffering you’ve gone through
  • How long will your agony and suffering last?
  • How does it affect your day-to-day life?
  • Your share of the blame for the accident
  • The expense of pain and suffering therapy

Although pain and suffering may not always have a clear cost, a lawyer is familiar with the many methods for calculating pain and suffering and will evaluate the worth of this loss on your behalf.


Pain and suffering are a kind of injure in the legal sense. It’s a kind of non-economic loss for which you may be compensated.

The following are examples of pain and suffering:

  • Anguish, both mental and emotional
  • Injuries that cause temporary discomfort Suffering from chronic discomfort
  • Symptoms of permanent injure, such as nerve and brain damage Scars and deformities that last a lifetime
  • Depression Anxiety Insomnia
  • PTSD (post-traumatic stress disorder) is a condition in which a person (PTSD) Reduced quality of life

Each car accident victim deals with the aftermath in their unique manner; pain and suffering may account for the forms of injury that are difficult to measure in general.


According to the National Highway Road Safety Administration (NHTSA), fatal traffic accidents are often caused by speeding and intoxicated driving. When someone’s irresponsibility results in a deadly car accident, anguish and suffering are unavoidable.

The following types of pain and suffering may be recoverable as a result of a tragic accident:

  • Physical suffering endured by the departed before death
  • Emotional agony and sadness 
  • The anguish of bereaved relatives
  • The loss of a spouse, parent, or kid, as well as the assistance they gave before
  • Survivors’ loved ones may also be compensated for pain and suffering.
  • Counseling,
  • medicine, therapy, and other types of treatment might be considered recoverable damages.


If you endure pain and suffering due to an car accident, you may be entitled to compensation. You’ve suffered losses that may be classified as pain and suffering. You may show that someone is to blame for your misery and agony, and You can show that those losses occurred.


In most car accident situations, the criterion for determining culpability is negligence. We may be able to show that someone was irresponsible in causing your injury and so be held financially liable for your pain and suffering.

To establish negligence, we must show that: The negligent person owed you a duty of care. The negligent person violated their duty of care.

A violation of the duty of care caused your car accident. You were injured in a car accident. According to the NHTSA, accidents are often caused by driver carelessness. Negligence may include mistakes in recognition, decision-making, and performance.

A settlement or judgment may be reached with a careless driver to compensate you for your pain and suffering. Others may be accountable for your damages, such as careless motorists’ employers and car manufacturers who developed a faulty product.


Even though pain and suffering are non-economic injure, we shall attach a monetary value to it. Your lawyer will examine the following factors when determining the worth of your pain and suffering:

The nature of your injuries as a result of your car accident The nature and extent of your injuries

The medical attention you’ll need

Whether your injury symptoms are long-term or perhaps permanent. The amount of time you should anticipate to be in pain and suffering. The extent to which your pain and suffering interfere with your day-to-day activities. Whether or not you have lost a loved one in a car accident

Other considerations may be taken into account when calculating your pain and suffering. After a car accident, our calculations may help you establish how much compensation you are entitled to for your pain and suffering.

Lawyers and insurance companies use various methods to determine the value of pain and suffering. The value of pain and suffering may be calculated using a variety of mathematical approaches. The following are two of the most common: The first is the per diem technique.


Know that any technique might properly measure the cost of your pain and suffering without concentrating on the numbers. Based on the circumstances of your case, your lawyer will evaluate which strategy is most suited. If an insurance company or another attorney objects to the technique you’ve selected, your lawyer will handle the situation.


The value of your settlement or judgment in a car accident lawsuit may be influenced by your ability to substantiate your losses. We may demonstrate the nature of your suffering and anguish by:

Obtaining a mental health professional’s written or oral assessment

Obtaining documents of pain and suffering treatment, such as prescription and counseling costs

Getting a medical opinion on your injuries and symptoms.

Maintaining financial records for present medical treatment as well as forecasts for future medical care

Obtaining witness testimony from family members, friends, coworkers, and anyone who has experienced your anguish and suffering.

Obtaining any more evidence that explains your pain and suffering

In general, the more evidence we can gather, the better your case will be.


Every settlement sum from an car accident lawsuit is not available to the general public. As a result, we can’t estimate the typical pain and suffering compensation. On the other hand, our staff may be able to estimate the value of your settlement.

The specifics of your car accident influence your settlement value. A very terrible injury, a crippling disability, or the death of a loved one all warrant a settlement amount that is more than typical.

Is it Possible to Get Compensation for Pain and Suffering if You’re Partially at Fault?

Yes, depending on which state the accident happened in, you may be eligible for compensation even if you were partially at fault.

In states that have comparative negligence rules, partially blamed persons may usually seek compensation.

In such jurisdictions, persons who have less responsibility for an accident may seek compensation. In most cases, this includes compensation for pain and suffering. If the party claiming compensation is to be compensated, they must be less than 50% blamed for the accident. In most cases, they will need to have much less than 50% blame to get any kind of compensation.

The following are examples of accidents in which numerous people may be at fault:

A accident in which one of the drivers is inebriated, while the other driver jumped a red light.

A accident in which one of the colliding motorists was inattentive and failed to see another colliding car who made a risky lane shift.

A accident in which one driver slammed on their brakes for no apparent reason, while another driver failed to maintain a safe distance, resulting in a rear-end collision.

In each of these cases, both drivers contributed to the likelihood of a collision. Each driver acted irresponsibly, whether it was a risky driving maneuver, distraction, or alcohol.

It might be difficult to determine who has the majority of the blame in such catastrophes, but it is vital. If your lawyer concludes that you are less at fault for the accident than another driver, you may be eligible for compensation.


After a car accident, many victims turn to attorneys for assistance. They do so because they are injured, worried, overwhelmed, and have little experience dealing with insurance firms. They just don’t have the time to handle a claim or litigation, and they understand the advantages of hiring a lawyer. Let’s look at a few of these advantages in more detail.


The advantages of employing a lawyer may be divided into two categories: 1) what a lawyer will do for you, and 2) what you will not have to do as a result of hiring a lawyer.

A personal injury lawyer will handle your car accident claim from beginning to end. You will not have to negotiate with insurance companies or other attorneys since your case is

handled by a lawyer. You may instead concentrate on your recovery. Indeed, health-related advantages might be a compelling incentive to engage a lawyer.

By entrusting your case to a lawyer, you will be able to:

You should be able to relax whenever you choose.

Receive therapy for a longer period.

Avoid the worry that car accidents may bring.

Stay away from any stress-related health issues.

Hiring a lawyer to handle your case is a wise move from a health standpoint. Your attorney will learn all there is to know about your accident.

The Insurance Information Institute (III) ranks the following as the riskiest forms of collisions:

Collisions at an angle

Collisions that result in a head-on collision Collisions with the back of the car 

The III assigns these accident types based on their mortality rate. But keep in mind that any car collision may result in significant injuries, including pain and suffering. Your attorney will look into your accident and how it has affected your life.

Their inquiry might involve the following: Paying a visit to the accident site Documenting car property damage Examining the impact points

Speaking with witnesses who saw your accident Obtaining a copy of your accident’s police report

Obtaining video footage from traffic cameras, dashboard cameras, and security cameras at surrounding buildings

Experts may also assist us in collecting and interpreting evidence from your accident.

Your Attorney Will Find Out Everything There Is To Know About Your Injuries and Losses

Your lawsuit or claim may be primarily motivated by injuries. Your attorney will learn about your injuries so that they may successfully bargain on your behalf.

During this time, they might:

Have your injuries explained by in-house medical professionals. Gather and evaluate photographs of your injuries, as well as doctor’s reports. Consult your physicians, who will explain your injuries and treatment options.

Keep in touch with your healthcare professionals to keep track of any changes in your health. Your lawyer will use the detailed medical information gathered to estimate the cost of your losses. Your lawyer will deal with insurance companies and attorneys.

In the aftermath of an car collision, insurance firms are a common sight. Whether you accept an insurance payout or not, your lawyer may have to interact with insurance companies in some form.

You can avoid the following because you have a lawyer: Contact from insurance agents that you don’t want Insurance firms pressuring you to accept a settlement Attempts to distort and use your words against you

Any additional efforts by insurers to infringe on your rights. Other lawyers may get engaged in your case. They may represent insurance companies or defendants in your litigation, but your lawyer will handle all communications with them.

Car accident cases seldom go to trial because the parties prefer to settle out of court. Your lawyer will fight tooth and nail for the payment to which you are entitled.

To reach an agreement, however, both parties must agree. Representatives for culpable parties must agree to settlement conditions, no matter how hard your lawyer fights. If you cannot reach an agreement, even with the assistance of a mediator, your case may be sent to trial.


Most car accident victims agree to a contingency fee when hiring a lawyer. This cost is not paid up ahead by the plaintiffs.

If their lawyer succeeds in their lawsuit, the legal firm usually earns a percentage of the settlement or award. However, the fee is only paid if the client wins their case. Therefore the client pays nothing unless the lawyer wins their case. That’s right: we don’t get compensated until you pay us.

Contact us right now to learn more about how to calculate pain and suffering damages. Our teams of specialists are standing by to talk about your car accident claim and get you back on your feet.

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