Accident Compensation: How Is Pain and Suffering Calculated?

Three people sitting on the road after car crash

People sitting on the road after car crash


etting in an accident is no fun and games, and can often leave you in sharp pain. In the United States, over 2 million people are injured in auto accidents every year. Thankfully, we have a system of accident compensation to help those who have suffered injury from car accidents.

After an accident, it can be difficult to know your rights and how to handle the legal side. That’s why we’ve put together this quick guide to help you understand what you are entitled to, how the process works, and give you some peace of mind.

What Is ‘Pain and Suffering?’

A great way to get started on understanding your rights and entitlements after being injured in an accident is to understand how pain and suffering is calculated.

First of all, it’s important to note that pain and suffering is simply the legal phrasing associated with what comes along with being injured in an accident. Pain and suffering can cover a multitude of factors, like:

  • Physical pain and injuries sustained in the accident
  • Non-physical ailments sustained in the accident such as anxiety, grief, depression, and insomnia
  • Loss of material belongings in the accident
  • Money lost from an inability to work

It is the combination of these things, which are labeled as “damages” that factor in to how small or large your accident compensation will be.

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How Is Pain and Suffering Calculated?

The way that your “damages” are calculated can not only vary state to state but also case to case.

While there is no strict rule that determines what kind of accident compensation you’re entitled to, there are certain things that courts and insurers take into consideration. A great injury lawyer can make a huge difference in proving your case.

These considerations include the severity of injuries, how long the pain or injuries last, disabilities that are a result of the accident both physical and mental, as well as how much your life is changed by the accident.

The most important and sometimes most difficult part of the process is proving these damages. The physical aspects, of course, are easy. As long as you can prove that your injuries were not existent before the accident, and they are consistent with the type of accident, a court will likely approve.

When it comes to proving mental ailments, it can be a bit harder. The outcome of those type of cases will vary depending on what evidence you can present, and the people dealing with your case.

How Much Accident Compensation Will I Get?

Again, it really depends on your situation. Some cases receive just a small amount of money, and some cases receive over a million dollars, it just depends.

In order to optimize your results, make sure that you talk to a professional to get advice. Find out what you are entitled to with your specific situation and make sure that you work diligently to gather all of the evidence you can.

We hope that this article was helpful in giving you an outline of how accident compensation is calculated, and what kind of things you are entitled to after an accident.

Be sure and check out our blog for more great information on optimizing your claims and getting the legal help you need!