What is Pain and Suffering in a Personal Injury Case?

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This page has been researched, written, and reviewed in accordance with our editorial guidelines to ensure accuracy and relevance. This page has been reviewed and approved by Founding Partner, Tobias Licker. The last updated date reflects the most recent review of this content.

When someone is injured because of another person's negligence, the financial impact can be significant. Medical bills, lost wages, and property damage are often easy to identify and calculate. However, many accident victims also experience physical pain, emotional distress, and a reduced quality of life.

These non-economic losses are commonly referred to as "pain and suffering".

Understanding what pain and suffering means in a personal injury case can help injured individuals better understand the types of damages that may be available under the law.

What Is Pain and Suffering?

Pain and suffering refers to the physical discomfort and emotional distress an injured person experiences as a result of an accident or injury.

Unlike medical expenses or lost income, pain and suffering damages are considered non-economic damages because they do not have a fixed dollar amount.

Pain and suffering may include:

• Physical pain and discomfort

• Chronic pain

• Emotional distress

• Anxiety and depression

• Mental anguish

• Loss of enjoyment of life

• Sleep disturbances

• Permanent disability or disfigurement

• Loss of companionship in certain cases

The extent of pain and suffering damages will vary depending on the facts and circumstances of each case.

What Types of Accidents May Result in Pain and Suffering Damages?

Pain and suffering damages may arise from many types of personal injury accidents, including:

Car Accidents

Motor vehicle accidents often cause serious physical injuries and emotional trauma that can continue long after the crash.

Slip and Fall Accidents

Fall caused by dangerous property conditions can result in broken bones, traumatic brain injuries, and ongoing pain.

Motorcycle Accidents

Motorcyclists are especially vulnerable to catastrophic injuries because they lack the protection available in passenger vehicles.

Truck Accidents

Commercial truck accidents frequently involve severe injuries due to the size and weight of the vehicles involved.

Wrongful Death Cases

Surviving family members may be entitled to recover certain damages permitted under state law.

How Is Pain and Suffering Evaluated?

There is no universal formula for calculating pain and suffering damages.

Insurance companies and courts may consider numerous factors, including:

• The severity of the injury

• The length of recovery

• Whether the injury resulted in permanent impairment

• The amount of medical treatment required

• Whether the surgery was necessary

• The impact on daily activities

• Emotional and psychological effects

• Whether individual can return to work

Generally, more severe and long-lasting injuries may result in greater pain and suffering damages.

Evidence That May Support a Pain and Suffering Claim

Because pain and suffering is subjective, documentation is often important.

Examples of evidence may include:

Medical Records

Medical documentation can establish the nature and severity of injuries.

Physician Testimony

Treating physicians may explain how injuries affect and individual's daily life and future health.

Mental Health Records

Psychological treatment records may demonstrate emotional distress related to the accident.

Personal Journals

Keeping a daily journal documenting pain levels, limitations, and emotional struggles may provide valuable evidence.

Testimony from Family and Friends

Individuals close to the injured person may describe how the injuries have affected their quality of life.

Why Seeking Medical Treatment Is Important

Prompt medical treatment not only protects your health but also creates documentation regarding your injuries.

Delaying medical care may make more difficult to establish the full extent of your injuries and damages.

Even if injuries initially appear minor, accident victims should consider seeking medical evaluation as soon as possible.

Missouri and Illinois Personal Injury Claims

Both Missouri and Illinois allow injured individuals to pursue compensation for damages caused by another party's negligence, including non-economic damages such as pain and suffering in appropriate cases.

However, the laws governing personal injury claims can be complex, and every case is unique.

Understanding your rights after an accident is an important first step.

Contact A & L, Licker Law Firm, LLC

If you have been injured in a car accident, slip and fall accident, motorcycle accident, or

another incident caused by negligence, understanding the damages available in your case is essential.

DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws change regularly and the application of any rule depends on the specific facts of each case. For guidance regarding your specific situation, please contact A & L, Licker Law Firm, LLC directly.