How Do Car Insurance Companies Calculate Pain and Suffering? | Attorney911

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At Attorney911, we have years of experience helping people injured in car accidents get paid. So, we decided to create this guide on how car insurance companies calculate settlement offers for pain and suffering to help people even more.

What is pain and suffering?
First things first, what does “pain and suffering” actually mean?

In addition to reimbursement for your medical expenses and damage to your vehicle, car accident victims are entitled to compensation for the physical and emotional agony the accident caused them. Money paid to compensate for the physical pain caused by your injuries is called “pain and suffering,” and payment for mental, emotional, and psychological harm, like anxiety or depression, is called “mental anguish.”

Almost any sort of physical, emotional, mental, or psychological harm caused by the crash can qualify as pain and suffering. Victims can be paid for both the pain and suffering they already endured and for estimated future pain and suffering.

Examples of compensable pain and suffering include:

-- Physical damage to the body
-- Physical distress, such as chronic pain or discomfort
-- Pain or discomfort caused by medical treatment
-- Emotional distress, mental anguish, or grief caused by the accident
-- Temporary or permanent limitations to activities
-- Psychological trauma caused by the accident, such as depression, anxiety, or Post Traumatic Stress Disorder (PTSD)
-- Embarrassment or humiliation caused by permanent or temporary disfigurement, like burning or scarring
-- Permanent disability or the loss of an essential bodily function
-- Decreased quality or enjoyment of life
-- Loss of consortium or domestic services

Can I sue for pain and suffering after a car accident?
While the first step after a car accident is to negotiate a fair settlement with the insurance companies involved. The majority of car accident cases are resolved through an insurance settlement, no lawsuit required. However, if you cannot reach an acceptable settlement agreement, you can take the responsible party and their insurer to court.

A personal injury lawyer can represent you and file the lawsuit on your behalf. The term “personal injury” includes any type of legal dispute where someone is harmed in an accident and seeks to hold someone else legally responsible for their injuries. These kinds of cases are governed by state tort law.

In personal injury lawsuits, the money the court awards you for your injuries is called “damages.” Pain and suffering is a type of damages you can receive from a car crash lawsuit. While there is a $250,000 limitation on pain and suffering in medical malpractice cases, Texas courts do not impose any limits on the amount of pain and suffering damages in motor vehicle accident cases.

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About Attorney911
Legal Emergency Lawyers™ legal services
Attorney911 Legal Emergency Lawyers™ legal services is a Texas-based personal injury and criminal defense law firm with offices in Houston and Austin, though we are proud to serve Texans from all over the state and represent clients in federal court. We handle a wide variety of legal issues — from car accidents to worker’s compensation to DUI/DWI offenses. Our staff is bilingual, friendly, and genuinely passionate about helping our clients, whether it’s a million-dollar case or a thousand-dollar case. We also understand that cost can be a prohibitive factor in hiring a lawyer, and are willing to work with you on structuring payment in a way that is fair and feasible. We do accept credit cards for our hourly fees, and take some cases on contingency, which means you don’t pay us unless and until you get paid yourself. We know that you have a choice in your legal representation, and we believe that what makes us stand out from the competition is our real emotional investment in our clients. We see you as a person — not a paycheck. And we will fight hard for you, because we truly care.