Do Insurance Companies Pay for Pain and Suffering?

If you’ve been injured in an accident, you may be wondering if you can receive compensation from insurance for pain and suffering damages. This type of compensation covers the mental, emotional, and physical distress caused by an injury.

Pain and suffering is a complex area when it comes to insurance claims. Insurance companies don’t automatically pay these damages in most cases. However, accident victims can take steps to potentially receive fair compensation for their pain and suffering.

This article provides an overview of how pain and suffering factors into insurance claims after an accident. Read on to learn more about recovering pain and suffering damages from insurance companies.

What is Pain and Suffering?

Pain and suffering refers to compensation for the physical discomfort, mental anguish, emotional trauma, loss of enjoyment of life, and other intangible losses that stem from an injury.

It aims to provide monetary damages for negative experiences like:

• Physical pain
• Discomfort
• Loss of mobility or abilities
• Depression or anxiety
• Disrupted lifestyle
• Loss of companionship
• Embarrassment
• Reputational harm

Pain and suffering is subjective and difficult to quantify, unlike medical bills or lost wages that have clear documentation. However, it can significantly impact quality of life after an accident.

Is Pain and Suffering Covered by Insurance?

Most standard insurance policies do allow for some compensation for pain and suffering resulting from accidents. This coverage falls under the bodily injury liability portion of policies.

However, every policy has limits on the total payout amounts, including for pain and suffering. Insurers will only pay up to the policy maximum. So if the policy has a $100,000 limit, the insurer will not pay more than $100,000 total in medical costs, lost income, and pain and suffering combined.

Policyholders can choose higher liability limits to have more coverage available for pain and suffering if needed. But many carry state minimums only.

Does Pain and Suffering Get Paid Automatically?

Insurance companies do not automatically pay pain and suffering damages in most cases. The process typically involves extensive proof, negotiation, and legal action.

After an accident, the injured party first must show that the other driver was at fault and provide evidence of liability. Police reports, witness statements, photos of property damage, and other records can help establish fault.

Next, the victim must prove they suffered a serious injury meeting the state’s threshold. Many states require a permanent or significant injury to claim pain and suffering. Medical records, doctors’ diagnoses, and specialists’ evaluations can serve as evidence.

The victim also needs to thoroughly document details of their physical and emotional trauma. This includes recording pain levels during treatment and recovery, detailing how daily activities have been impacted, quantifying lost enjoyment and companionship, and demonstrating lifestyle disruptions.

Compiling this evidence provides a foundation for pain and suffering claims. However, insurance companies will still scrutinize requests carefully and likely counter with lower offers. Negotiation goes back and forth until a settlement is hopefully reached.

If the insurer disputes the claim fully, the victim may need to file a personal injury lawsuit against the at-fault driver to compel compensation via court order. This legal pressure can sometimes motivate fairer settlements.

What Damages Make Up Pain and Suffering?

Pain and suffering encompasses various forms of intangible losses tied to an injury. Major categories include:

Physical pain: Compensation for discomfort and pain during medical treatment, recovery, and from permanent impairment.

Mental anguish: Payment for emotional trauma like depression, anxiety, PTSD, and other mental health issues stemming from the accident.

Loss of enjoyment: Covers reduced involvement in hobbies, activities, sports, and recreational pastimes that previously brought joy pre-injury.

Loss of companionship: Compensation when injuries make maintaining social relationships and engaging with friends and family more difficult.

Lifestyle disruption: Damages reflecting major lifestyle changes or inability to live life normally, such as moving homes due to disability accommodations or being unable to care for dependents.

Embarrassment/reputational damage: Covers harm to reputation, shame, and embarrassment due to visible scarring, disabilities, or other factors.

Diminished mobility/abilities: Compensates losing independence, needing assistance with tasks, and reduced mobility due to impairment.

Quantifying these intangible losses in monetary amounts is challenging. But victims can utilize evidence like therapy records, journals documenting lifestyle impacts, expert testimony on trauma, and more.

Typical Pain and Suffering Settlement Amounts

Settlement payouts for pain and suffering vary substantially based on injury severity, complications, permanency factors, policy limits, liability disputes, state laws, negotiation, and other variables.

However, data indicates some typical settlement ranges:

• Minor injuries (cuts, bruises, sprains): $1,000 – $10,000
• Serious injuries (broken bones, burns): $10,000 – $100,000
• Catastrophic injuries (brain damage, paralysis): $100,000+
• Death of loved one: $1 million+

Higher policy limits directly increase potential payout ceilings. Victims with extensive evidence of suffering and losses also tend to receive greater compensation, as do permanent disabilities. Settlements climbing into the millions may be possible for egregious cases.

Strategies for Increasing Pain and Suffering Payouts

Taking proactive steps can potentially help accident victims maximize pain and suffering payouts within policy limits. Strategies include:

• Increasing liability policy limits before an accident
• Thoroughly documenting suffering and impacts
• Hiring experienced personal injury attorney for negotiation leverage
• Refusing lowball offers and pursuing legal action
• Gathering evidence from multiple doctors affirming injury severity
• Quantifying even minor lifestyle disruptions caused by the accident
• Emphasizing permanent effects and prognosis indicating lifelong impairment

Proper documentation creates crucial leverage when dealing with insurance companies. An attorney familiar with state laws and insurance practices can also negotiate much larger settlements.

Alternatives If Insurance Won’t Pay

If insurance companies refuse reasonable compensation for pain and suffering, victims have alternatives including:

File a personal injury lawsuit – Taking legal action can prompt improved settlement offers to avoid court. Victims can also win court-ordered damages.

Pursue claims against other liable parties – Look beyond just the policyholder, like suing their employer or a manufacturer if a defective product caused the accident.

Utilize own insurance coverage – Make claims under your own policies for damages not fully covered under the at-fault party’s policy.

Explore bad faith insurance claim – If insurers exhibit egregious unwillingness to settle in good faith, additional legal action may produce a larger payout.

Negotiate structured settlement – An upfront lump sum payment isn’t always required. Negotiating periodic future payments can provide ongoing compensation.

Victims have power to take action if insurers stonewall reasonable compensation for suffering tied to someone else’s negligent actions.

When to Hire a Personal Injury Lawyer

Pursuing fair insurance compensation for pain and suffering often benefits from working with an experienced personal injury attorney, especially for severe injuries.

A qualified lawyer can:

• Handle communication and negotiation with insurers
• Navigate complex claim processes
• Determine full liable parties
• Estimate realistic damages amounts
• File lawsuits if needed
• Ensure you receive full legal entitlements

They understand applicable laws, insurance company tactics, and the documentation needed to prove losses like pain and suffering. Their expertise can maximize your payout.

Pain and Suffering is Recoverable in Many Cases

Insurance policies often do allow for reasonable pain and suffering damages tied to accidents. But securing compensation requires extensive proof, negotiation skills, and sometimes legal action.

Thoroughly documenting suffering, hiring legal representation, and refusing to accept unreasonably low offers are key steps toward fair payouts. Insurance companies won’t pay voluntarily, but victims have power to pursue the maximum compensation they lawfully deserve.