{"id":353024,"date":"2017-03-20T17:13:19","date_gmt":"2017-03-20T22:13:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/can-i-make-a-pain-and-suffering-claim-without-a-lawyer.html"},"modified":"2025-11-26T18:22:00","modified_gmt":"2025-11-26T23:22:00","slug":"can-i-make-a-pain-and-suffering-claim-without-a-lawyer","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/can-i-make-a-pain-and-suffering-claim-without-a-lawyer.html","title":{"rendered":"Can I Make a Pain and Suffering Claim Without a Lawyer?"},"content":{"rendered":"\n
\n

Can I Make a Pain and Suffering Claim Without a Lawyer?<\/h1>\n\n
\n
\n By Ty McDuffey, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

You can get pain and suffering damages without a lawyer, especially after an accident with clear liability. But you\u2019ll need strong evidence, careful documentation, and a demand letter to the insurance company to support your claim. For serious injuries or disputed fault, help from an attorney can greatly increase your chances of fair compensation.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Regardless of attorney representation, most\u00a0car accident\u00a0cases reach a settlement through negotiations before a suit is filed, let alone getting to the trial phase. If you were involved in a minor car accident, you may be able to successfully handle your case without a car accident lawyer.<\/p>\n

But to represent themselves, accident victims<\/a> should conduct in-depth research and get advice on the best way to proceed with their auto accident claims. Read on to discover some basic procedures and tips on how to make a pain and suffering claim without a personal injury attorney.<\/p>\n

It\u2019s possible to pursue pain and suffering damages on your own. Still, having a local car accident attorney<\/a> by your side can significantly increase your chances of a positive outcome.\u00a0<\/p>\n

What Are Pain and Suffering?<\/h2>\n

Pain and suffering are\u00a0any mental or physical distress<\/a>\u00a0for which you may seek damages in your car accident claim. Pain and suffering damages are based on the type of injury and the seriousness of your pain.<\/p>\n

Most states consider pain and suffering damages as a part of noneconomic damages (also called\u00a0general damages<\/a>). These damages refer to any intangible losses where monetary values are difficult to assign. Unlike economic damages (e.g., medical expenses and lost wages), which are easily documented, pain and suffering damages are highly subjective.<\/p>\n

Whether To Proceed With or Without a Car Accident Attorney<\/h2>\n

Depending on the type of car crash, obtaining legal representation may save you time and money. Consider the following factors to determine whether you need an attorney to represent you during the settlement process.<\/p>\n

The Seriousness of Your Injuries<\/strong><\/h3>\n

If you were involved in a fender bender, a car insurance company could offer a settlement without dispute during the claims process to cover your property damages and medical bills. However, if you were in a more serious accident involving serious damages like pain and suffering, you would want to at least get a case evaluation by a personal injury lawyer.<\/p>\n

Sufficiency of Evidence<\/strong><\/h3>\n

You will need\u00a0evidence<\/a>, such as witness testimony or supporting documents, to make a successful claim. If there is no evidence of your injuries to prove your pain and suffering, the insurance company or the court will assume that you did not suffer such damages and don’t deserve compensation. If you’re having a hard time\u00a0obtaining evidence for your case<\/a>, you should consider getting help from a lawyer.<\/p>\n

Proof of the Other Driver’s Fault<\/strong><\/h3>\n

If you are making a claim against the other driver or their insurance company, make sure the other driver is at fault for the accident<\/a>. As long as it’s obvious that the other driver caused the accident and their insurance company has accepted liability, it should be easier to proceed with your claim without an attorney.<\/p>\n

However, if there’s a dispute about who is at fault or if the other driver makes a counterclaim, seek legal advice from an experienced attorney<\/a> first. You don’t want to proceed with your claim against the other driver or their insurance company until you are sure the other driver was at fault.<\/p>\n

Calculation of Your Pain and Suffering<\/strong><\/h3>\n

You need to state a specific amount of pain and suffering damages, even though there’s no set equation to calculate this type of damage. Some lawyers use\u00a0the “multiplier” method<\/a>\u00a0to calculate pain and suffering damages.<\/p>\n

If you’re unable to come up with a specific value for your pain and suffering or emotional distress damages, you should consider hiring a personal injury lawyer<\/a>. Personal injury lawyers have the training to use their knowledge and experience to calculate the amount of money you are entitled to in a personal injury claim.<\/p>\n

Making a Pain and Suffering Claim on Your Own<\/h2>\n

To make a pain and suffering claim, you will need to send the insurance company a\u00a0demand letter<\/a>, which is a summary of your claim and damages. In your demand letter, you should discuss your pain and suffering damages, supported by relevant documents, recorded statements, and evidence.<\/p>\n

Supporting Documents<\/strong><\/h3>\n

To prove pain and suffering, you must have evidence of medical attention supporting your claim. You should obtain medical records and any police report<\/a> yourself. If you let the insurance company obtain your medical treatment records, you let them control which documents to consider.<\/p>\n

Your demand letter to the insurance adjuster should have the following documents attached, if available:<\/p>\n