You’ve probably heard of people receiving compensation for their "pain and suffering" in car accident cases. But how do insurance adjusters and courts define—and put a dollar figure on—this part of a car accident claim?
Here’s what you need to know:
- “Pain and suffering” is a legal term that refers to the discomfort and anguish (physical, emotional, and mental) an injury claimant experiences because of someone else’s careless or wrongful act.
- Insurance adjusters use several different methods to calculate pain and suffering.
- You can get compensation for your pain and suffering after a car accident by filing a car insurance claim or a car accident lawsuit.
- The best evidence of your pain and suffering typically comes through analysis of your medical records.
What Is Pain and Suffering In a Car Accident Case?
"Pain and suffering" is a shorthand term for the physical and mental distress a person experiences after an injury. In the context of a car accident case, pain and suffering might include:
- physical pain and discomfort resulting from the car accident injuries and resulting medical treatment (like recovery from surgery)
- emotional pain (stress, grief, embarrassment, fear)
- difficulty sleeping, and
- loss of enjoyment of life (missed activities, inconveniences, and disruptions.)
In many car accident claims, the majority of the money an injured person gets is compensation for pain and suffering.
Three Ways to Calculate Pain and Suffering
Pain and suffering is hard to measure. You can’t take an X-ray of someone’s anxiety or run a lab test on anguish. Easy to measure accident-related losses—medical bills, lost income, vehicle repair bills—are called “special” or “economic” damages. Damages that are harder to measure and prove, including pain and suffering, are called “general” or “non-economic” losses.
Insurance adjusters and lawyers usually have three ways to put a ballpark dollar amount on a car accident claimant’s pain and suffering.
The Multiplier Method for Calculating Pain and Suffering
The multiplier method totals up the claimant’s medical costs and multiplies that number by a factor (called the multiplier) which reflects the severity of the claimant’s pain and suffering. Multipliers typically range from one to five.
How Do You Choose the Multiplier?
The obvious question—and a potential point of contention between you and the adjuster—is which multiplier to use for your case. You’ll argue for a higher multiplier, while the adjuster is likely to push for a lower multiplier.
Factors that can raise a multiplier include one or more of the following:
- serious and obviously painful injuries (like fractures, tears, wounds, burns)
- a prolonged recovery (six months or more), and
- a permanent injury—pain, immobility, weakness, scarring—that is medically documented.
Factors that can lower a multiplier include one or more of the following:
- treatment that was excessive
- treatment that didn’t come primarily from physicians and hospitals
- a pre-existing medical condition, or
- delayed medical treatment.
Adjusters also tend to use a higher multiplier when fault for the car accident is clear and easy to prove and when there are aggravating circumstances like drunk driving.
Multiplier Method Example
Let’s say you injure your neck and shoulder when a truck driver rear-ends you. The truck driver was texting at the time of the accident and was obviously at fault.
Your accident-related medical bills total $5,000. You were in physical therapy for three months before you regained full range of motion. Six months after the accident you still can’t play tennis or do yard work. You had to miss a week of work while you recovered from your injuries. Your lost income added up to $2,000.
An adjuster assigns a multiplier of two to estimate your pain and suffering. So, in the adjuster’s opinion, your pain and suffering is worth about $10,000 ($5,000 x 2).
A ballpark estimate of your damages is $16,000: $5,000 (medical costs) + $10,000 (pain and suffering) + $2,000 (lost income).
Don’t expect the adjuster to offer you $19,000 right away. This figure is an estimate of what the adjuster thinks you might get if you file a car accident lawsuit and win. The adjuster will offer you something less and you can negotiate a car insurance settlement from there.
The "Per Diem" Method for Valuing Pain and Suffering
The per diem (per day) method counts the number of days a claimant suffers as a result of the car accident, and multiplies the total days by a dollar amount, typically the claimant’s daily wage.
The per diem method has fallen out of favor, since it tends to unfairly underestimate the pain and suffering of lower-income claimants.
How "Colossus" Is Used to Calculate Pain and Suffering
Many large insurance companies use a software program called Colossus to calculate car accident settlement values in routine cases. Adjusters feed data into the program and the program spits back a settlement range.
Some adjusters won’t budge from the recommended range, while others only use Colossus numbers as a guide.
How Can I Get Compensation for My Pain and Suffering?
You can get compensation for your pain and suffering after a car accident by filing an insurance claim or a car accident lawsuit against the at-fault party.
Filing an Insurance Claim
Nearly all states require vehicle owners to have some kind of liability car insurance. If you're in an accident that isn’t your fault, you can file a claim against the at-fault driver’s liability insurance (called a "third party" car insurance claim) and ask for compensation for all of your accident-related losses, including pain and suffering.
It's a good idea to get the claims process started as soon as possible after the accident, leaving yourself the option of going to court—and the time to do so under the statute of limitations in your state—if you can’t negotiate a car accident settlement.
Filing a Car Accident Lawsuit
Filing a lawsuit against the at-fault party is another way to get compensation for your car accident-related pain and suffering. Lawsuits are typically more complicated and expensive than insurance claims, so you might want to talk to a lawyer for advice on whether you should settle or sue.
You can file your lawsuit in small claims court or in regular civil court, depending on how much money you're asking for and where you live. For more details, check out this guide to filing a personal injury lawsuit.
Can I Get Compensation for Pain and Suffering After a Minor Car Accident?
Yes. A minor accident might be a momentary hassle or it might cause longer-lasting physical and emotional pain. Car insurance companies don’t distinguish between minor and major car accidents. If you’ve been injured in a minor accident, you can ask for compensation for your pain and suffering from the at-fault driver.
The wrinkle is that it might be difficult to show the extent of your pain and suffering after a seemingly minor car accident. This is one of many reasons why it's important to get medical treatment at the first sign of pain or discomfort after a car accident.
How Do I Prove Pain and Suffering?
Most doctors agree that pain—physical, mental, emotional—can’t be objectively measured. So how do car accident claimants prove their pain and suffering to an adjuster or a judge? Most claimants rely on their medical records to establish the amount of pain and suffering they've experienced.
If you're in pain or discomfort, make sure to fully report it to your doctors so your condition will be noted in your files. Continue to see your doctor for as long as you are in pain to get the treatment you need and to document your continued problems.
Keep a daily log or a diary of everything you experience as a result of the accident—time away from work, sleepless nights, headaches, missed vacation, anxiety attacks, lost opportunities. Your notes will remind you of the details of your injuries and their effects on you.
Making Your Case for Pain and Suffering
To get the most out of your insurance claim or lawsuit, you’ll want to write the insurance company a demand letter, telling your side of the story with supporting evidence, and clearly stating what you're asking for to settle the case.
The evidence you’ll need to demonstrate your pain and suffering might include:
- medical records and bills
- medication prescriptions and bills
- counseling or therapy records and bills
- receipts for medical equipment
- notes from your employer explaining lost time at work and accommodations
- photographs of property damage and physical injuries
- videos or photos that show your activities before and after the injury
- personal journals that document your pain, and
- statements from people you know who have witnessed the negative impact the accident has had on your day-to-day life.
Once an adjuster has received your demand letter and supporting documents, the adjuster will investigate your claim and potentially make a settlement offer. The offer might be significantly less than what you asked for in your demand. If the adjuster’s offer is too low, you can negotiate or file a car accident lawsuit.
Your demand letter should tell a compelling story about the severity of your pain and how your pain impacted your life. But don't go overboard. If you embellish your story or make an unrealistic demand the adjuster might not take you seriously.
Talk to a Car Accident Lawyer
After any kind of car accident, it might be helpful to discuss your situation (and your options) with an experienced lawyer. You'll get an objective opinion about the strengths and weaknesses of your claim, and if moving forward looks like the right strategy, having a legal professional on your side is crucial to getting a fair result. Learn more about when you might need a lawyer for a car accident case and get in-depth information on working with a personal injury lawyer.