What Counts as Pain and Suffering in a Lawsuit?

When someone gets hurt in a car accident, medical bills and lost wages are just part of the equation. What about the physical pain, emotional trauma, and disruption to daily life that follows?

That’s where pain and suffering damages come into play.

In personal injury law, pain and suffering refers to the non-economic damages a person experiences after an accident things that don’t come with receipts but are very real. From chronic physical discomfort to sleepless nights, these damages can deeply impact someone’s quality of life.

Understanding what counts as pain and suffering and how these damages are calculated can help you build a stronger case and advocate for fair compensation.

Let’s break it down.

What Is “Pain and Suffering”?

In legal terms, pain and suffering falls under the umbrella of non-economic damages. These are losses that aren’t easily quantifiable like medical expenses or lost wages, but still carry weight in a lawsuit.

Types of pain and suffering include:

Physical pain: Chronic pain, muscle stiffness, headaches, mobility issues
Mental and emotional distress: Anxiety, depression, PTSD, trauma
Loss of enjoyment: Inability to participate in hobbies or activities you used to love
Loss of consortium: Strained or damaged relationships, especially with a spouse or family
Permanent disfigurement or disability: Scars, amputation, or long-term impairments
Sleep disorders: Insomnia or night terrors due to trauma
Cognitive changes: Brain fog, concentration problems, or memory loss from injury

These aren’t just inconveniences—they’re life-altering consequences that deserve recognition in your legal claim.

Real-World Examples of Pain and Suffering Claims

To get a better picture, let’s look at a few real examples from past personal injury cases.

Example 1: Rear-End Collision with Chronic Neck Pain

A woman in Texas was rear-ended at a red light. Though her car damage was minimal, she developed chronic whiplash and migraines, which limited her ability to work and care for her children. Her medical bills totaled about $12,000. However, her lawyer fought for additional $45,000 in pain and suffering, based on her daily discomfort and lost time with family.

Example 2: Pedestrian Hit by Distracted Driver

A 19-year-old student in California was struck in a crosswalk. Though he eventually recovered from a fractured leg, he suffered from PTSD and panic attacks when near intersections. His total settlement was $210,000, with over half allocated to emotional and psychological damages.

These examples show that even when medical expenses are modest, the impact on your life can justify significant non-economic damages.

How Is Pain and Suffering Calculated?

Unlike economic losses, there’s no bill or invoice that shows how much your emotional or physical pain is worth. That’s why attorneys and insurers use certain formulas and factors to estimate pain and suffering.

Common methods include:

1. Multiplier Method

This is the most widely used formula. Your total economic damages (like medical bills and lost wages) are multiplied by a number between 1.5 and 5 based on the severity of your injuries.

Minor injury = 1.5x
Moderate injury = 2–3x
Severe injury or long-term trauma = 4–5x (or more)

Example:
If you have $20,000 in medical bills and the multiplier is 3 due to ongoing physical pain, your pain and suffering could be valued at $60,000.

2. Per Diem Method

“Per diem” means “per day.” In this method, a daily dollar value is assigned to your pain (e.g., $150 per day) and then multiplied by the number of days you experience symptoms.

Example:
If recovery takes 180 days, and the daily rate is $150, then pain and suffering = $27,000.

This method is more common in cases with a clear recovery timeline but less useful for chronic or permanent injuries.

Other Factors That Influence the Amount:

The severity and duration of your injuries
Impact on work, hobbies, and family life
Medical documentation and expert opinions
Witness testimony (including your own)
Credibility and consistency of your claim
Jury sympathy (in trial cases)

Proving Pain and Suffering: What You’ll Need

Because these damages are subjective, the more evidence you can provide, the better.

Here’s what can help:

Medical records documenting ongoing pain or therapy
Psychologist or therapist notes showing emotional distress
Pain journals that track symptoms and limitations day to day
Photos/videos showing injuries or post-accident lifestyle changes
Testimony from family or friends about how your behavior or routine has changed

It’s not enough to say you were hurt. You have to show how it’s affected your life physically, emotionally, socially, and psychologically.

Is There a Limit to Pain and Suffering Damages?

It depends on where you live.

Some states place caps on non-economic damages:

California: No cap for auto accidents (except in medical malpractice cases)
Florida: No cap for most personal injury claims
Texas: Caps exist in certain cases, especially medical malpractice
Missouri: Medical malpractice caps, but none for general injury

Before filing your case, it’s smart to check whether your state has laws that limit non-economic recovery.

Can You Claim Pain and Suffering in a Settlement?

Absolutely. Most personal injury settlements include pain and suffering as a major component. In fact, it often represents the largest portion of the payout especially when the injuries are long-lasting or life-changing.

Insurance companies may push back and try to downplay your non-economic losses, which is why having a strong legal advocate is so important. A good lawyer can help frame your experience in a way that compels fair compensation.

How to Talk About Pain and Suffering With Your Lawyer

If you’re meeting with an attorney about your case, come prepared to talk openly about how the injury has affected you beyond the physical symptoms. Mention things like:

Activities you can no longer enjoy
Changes in your mood or mental health
Sleep problems or panic attacks
Strain in personal or family relationships
Fear of driving or being on the road

This context helps your lawyer build a narrative that demonstrates the real cost of the accident.

Bottom Line: Your Pain Deserves to Be Taken Seriously

Pain and suffering damages aren’t just about feelings they’re about the real ways an accident can derail your life. From physical pain to emotional trauma, these losses are valid, and they’re compensable under the law.

If you’ve been injured in an accident and you’re wondering how much your experience is truly worth, don’t underestimate the importance of non-economic damages. With the right evidence and advocacy, pain and suffering can and should be part of your recovery.

Next up: Learn how these damages fit into the bigger picture in How Settlements Are Calculated in Personal Injury Cases.