What is “pain and suffering?” How is it measured?


Following an accident caused by someone else’s negligence, you are entitled to be compensated for the damages that you have suffered.

For example, these damages can include your medical bills, your lost wages, money that you have spent out of pocket for pain medication and prescription drugs, and your pain and suffering.

Pain and suffering is really a function of how the accident injury has affected your daily life. For example, if previously you played with your children when they got out of school, and now you are not able to enjoy this activity. Maybe you went to the gym every day, and now you cannot step foot in that building any longer. Even simple things like, is it easy for you to sit down at work? Is it easy for you to drive in your car? Is it easy for you to sleep at night? However you have been affected by the injury- this is pain and suffering.

One of our jobs as an car accident attorney is to put a number to that pain and suffering. We recently had a client break a rib in a car accident. He and his wife had just had their first baby. Because of his broken rib and that fact that his arm was immobilized, he was unable to pick up his child for several weeks.

Based on previous cases that we have worked, and based on the law of pain and suffering, we put a number to that case, put together a package and sent it to the at-fault driver’s insurance company. This is one of the benefits to having an attorney. The average person is not going to know how to correctly quantify pain and suffering.