If you were injured due to someone else’s negligence, you may have medical bills and lost wages. But along with the medical bills come the pain and suffering of your injury. Many people have heard that after an accident, you may be able to receive compensation for pain and suffering in a personal injury lawsuit but are unclear how the process works. The following is a short introduction to how the process of establishing pain and suffering within a personal injury case can occur and how to establish a strong case for pain and suffering compensation.

What Is Pain and Suffering?

Pain and suffering is actually a legal term that refers to the physical or emotional turmoil that a victim of negligence suffers after an accident. Pain and suffering can include both physical and emotional pain.

  • Physical Pain. If you suffered any kind of physical injuries related to an accident, you likely are also suffering from pain associated with that injury. Medical complications, the actual physical pain from the initial injury or subsequent surgeries or therapies can all be accounted for in pain and suffering settlements.
  • Emotional and Mental Pain. Pain and suffering are not only physical but emotional as well. You may have post-traumatic stress disorder (PTSD) following an accident. Additionally, an accident victim may not be able to participate in usual daily activities, even such tasks as walking to the mailbox or tying shoelaces. Depression or severe anxiety can linger long after an accident caused by someone else’s negligence.

Pain and Suffering Settlements

Every case is different, and there is never an exact way to determine the amount of pain and suffering compensation a victim will receive. Many factors will be included to make this determination, as there is no uniform chart or guideline established by the courts. The courts tend to take a reasonable approach.

In many cases, a “multiplier” is used, which is a multiplier of the actual damages determined by the court that a victim suffered. This multiplier can be anywhere from 1.5 through 4 times the actual damages the victim suffered.

Some things a jury or judge may consider is if the victim appears to be inflating any claims of pain and suffering, if the doctors and medical professionals agree with the victim’s testimony regarding their injury and pain and suffering, if the pain and suffering claims seem legitimate, and if the victim has been honest throughout the entire process.

Reach Out to Us Today for Help

Pain and suffering is a subjective experience, and courts find it challenging to place a monetary figure on these types of damages. However, pain and suffering compensation does occur often in personal injury lawsuits. If you suffered injuries in an accident and are faced with medical bills, lost wages and pain and suffering, schedule a free initial consultation with the  personal injury attorneys at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton and Pittston at 570-821-5717 or online today. There is no fee or costs until we win your case.


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