{"id":353039,"date":"2017-03-13T18:10:44","date_gmt":"2017-03-13T23:10:44","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/injury\/car-accidents\/car-accident-pain-and-suffering-claims-overview.html"},"modified":"2024-04-10T19:18:41","modified_gmt":"2024-04-11T00:18:41","slug":"car-accident-pain-and-suffering-claims-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/car-accident-pain-and-suffering-claims-overview.html","title":{"rendered":"Car Accident Pain and Suffering Claims Overview"},"content":{"rendered":"\n
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Car Accident Pain and Suffering Claims Overview<\/h1>\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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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
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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

If you’re in a car accident, you may be able to recover for pain and suffering<\/a>. \u201cPain and suffering" is the physical and emotional injuries you have from the accident. Maybe you’re experiencing persistent headaches, mental anguish, and depression that distract you from your daily activities.<\/p>\r\n

This article provides an overview of the process for filing a pain and suffering claim, including what to do before filing a claim. This article also addresses how to calculate pain and suffering damages. Lastly, it walks you through the steps you’ll need to take to file your claim.<\/p>\r\n

Before Filing a Pain and Suffering Claim<\/h2>\r\n

The vast majority of auto accident cases never make it to trial. Instead, these cases are settled and resolved by insurance companies. So, before you file a pain and suffering claim, check your insurance company’s guidelines and applicable state laws to discover any limitations or barriers. There may be a no-fault<\/a> system or damages cap<\/a> that limits your recovery.<\/p>\r\n

Some states follow the no-fault system of liability. This system allows you to recover damages from your insurance company, regardless of who’s at fault. These states won’t allow you to recover pain and suffering damages unless your injury meets certain criteria. Some states also impose a damages cap<\/a> on noneconomic damages, including pain and suffering. A damages cap is a law that limits the amount of damages you can recover.<\/p>\r\n

How Is Pain and Suffering Calculated?<\/h2>\r\n

After establishing that the other driver is liable for your injuries, you must prove that your pain and suffering damages are associated with the accident. Pain and suffering damages include any mental or physical distress you’ve suffered as a result of the accident.<\/p>\r\n

Evaluating these types of damages is highly subjective, and there’s no clear bright-line rule in calculating pain and suffering damages<\/a>. The calculation involves balancing many factors<\/a>. Two people may experience significantly different levels of physical pain and suffering from the same type of accident. Some of these factors can include severity of the injury, impact to daily life, and the duration of pain.<\/p>\r\n

Steps for Filing Your Claim<\/h2>\r\n

Below is a quick step-by-step guide to filing a claim for car accident pain and suffering damages.<\/p>\r\n

Step 1: Gather Supporting Evidence<\/h3>\r\n

To prepare to file a personal injury claim for your car accident injuries, you should gather the necessary documentation that supports your claim. Start by obtaining a police report, if available. Use the report to support your claim with accurate facts about what happened at the scene and who’s likely at fault. Then, gather as many documents as possible to prove the severity of your medical condition, including your emotional distress or other mental health challenges. Some of the acceptable documents are:<\/p>\r\n