When someone is injured because of another person’s negligence, the harm goes beyond medical bills and lost wages. Physical pain, emotional distress, and the loss of enjoyment of life can affect every part of a person’s daily routine. In a personal injury case, these non-financial losses are known as pain and suffering—and they can play a significant role in the value of your claim.
Understanding how pain and suffering works, and when it impacts a case, can help injured individuals know what to expect as their claim moves forward.
What Is Pain and Suffering?
Pain and suffering refers to the physical and emotional effects of an injury that do not come with a clear dollar amount. Unlike medical expenses or property damage, pain and suffering is considered a form of non-economic damage.
This may include:
- Ongoing physical pain or discomfort
- Emotional distress, anxiety, or depression
- Loss of enjoyment of hobbies or daily activities
- Sleep disruption
- Mental anguish following a traumatic event
- Permanent scarring or disfigurement
Every injury affects people differently, which is why injuries are always evaluated on a case-by-case basis.
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When Does Pain and Suffering Impact a Personal Injury Case?
Pain and suffering becomes relevant once liability and injury are established. In most personal injury cases, it impacts the claim during settlement negotiations or trial when damages are being calculated.
It often plays a larger role when:
- The injuries are severe or long-lasting
- The recovery process is lengthy or uncertain
- The injury causes permanent limitations or disability
- The injured person’s daily life has been significantly disrupted
For example, a minor injury that heals quickly may involve limited pain and suffering damages, while a serious injury requiring surgery, physical therapy, or lifestyle changes can substantially increase the value of a claim.
How Is Pain and Suffering Calculated?
There is no fixed formula for calculating pain and suffering. Insurance companies and courts consider several factors, including:
- Severity of the injury
- Length of recovery time
- Whether the injury is permanent
- Impact on work, family, and daily life
- Medical documentation and treatment consistency
Insurance companies often attempt to minimize pain and suffering damages, which is why strong documentation and legal advocacy are critical.
Proving Pain and Suffering
Because pain and suffering is subjective, evidence is key. Helpful documentation may include:
- Medical records and physician notes
- Physical therapy reports
- Mental health treatment records
- Testimony from the injured person
- Statements from family, friends, or coworkers
- Journals describing daily pain and limitations
The clearer the picture of how the injury has affected someone’s life, the stronger the pain and suffering claim becomes.
Why Legal Representation Matters
Insurance companies are not focused on what feels fair—they focus on limiting payouts. Without proper representation, these damages are often undervalued or dismissed altogether.
An experienced personal injury attorney understands how to:
- Properly document non-economic damages
- Present compelling evidence
- Push back against low settlement offers
- Advocate for the full impact of an injury
At Jordan Law, we take the time to understand how an injury has affected your life—not just your finances. Every case is personal, and every client deserves to be taken seriously.
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Speak With a Personal Injury Lawyer About Your Case
If you or a loved one has been injured due to someone else’s negligence, pain and suffering may significantly impact your personal injury claim. Understanding your rights is the first step toward recovery.
Jordan Law is committed to providing compassionate, experienced representation and helping injured clients pursue the compensation they deserve. Contact our team today to discuss your case and learn how pain and suffering may affect your claim.