What Factors Determine Pain and Suffering in a Car Accident Case?
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When you’re injured in a car accident, the financial toll is easy to see in medical bills and lost wages. But the harder part to measure, and often the most impactful, is the physical pain and emotional suffering that follows. In Arizona and across the country, these “non-economic damages” play a major role in personal injury cases. At Big Auto Accident Attorneys, we help clients prove the true impact of their injuries so they can secure the compensation they deserve.
What Is Pain and Suffering?
In personal injury law, pain and suffering refers to the physical discomfort and emotional distress caused by an accident and its aftermath. It includes things like:
- Chronic pain or mobility limitations
- Depression, anxiety, or post-traumatic stress (PTSD)
- Sleep disruption and fatigue
- Loss of enjoyment of life, such as being unable to pursue hobbies or family activities
Unlike economic damages, there’s no invoice that shows the cost of pain and suffering. That’s why legal representation is crucial, insurance companies will try to minimize these losses, and your lawyer is the one who fights to prove them.
Factors That Influence Pain and Suffering Damages
The value of pain and suffering damages depends on several key factors:
1. Severity of Injuries
Catastrophic injuries like spinal cord damage, traumatic brain injuries, or severe burns naturally carry higher pain and suffering awards than soft-tissue sprains or minor bruising. Courts and insurers consider how serious the injury is and how long recovery will take.
2. Duration of Recovery
A broken arm that heals in eight weeks is far different from a back injury that requires years of physical therapy. The longer your life is disrupted, the greater the weight of your pain and suffering.
3. Permanent Disability or Disfigurement
If an accident leaves you with lifelong impairments, such as paralysis, scarring, or loss of a limb, the law recognizes this as a profound loss and often awards significant compensation.
4. Impact on Daily Life
Courts and insurance adjusters look at how your injuries change your routine. Are you unable to work, care for your family, or participate in activities you once loved? The more disruptive the injury, the more substantial the claim.
5. Emotional and Psychological Distress
Anxiety, depression, and trauma are common after serious crashes. Evidence from mental health professionals, medication records, or testimony from loved ones can show how deeply you’ve been affected.
6. Credibility of Evidence
Medical records, expert testimony, personal journals, and even witness statements help establish the reality of your suffering. Strong evidence directly impacts the outcome of your claim.
How Attorneys Prove Pain and Suffering
Insurance companies aren’t eager to pay for damages they can’t measure with a calculator. That’s where a skilled attorney steps in. At Big Auto, we use strategies like:
- Gathering detailed medical documentation
- Consulting with doctors, therapists, and life-care planners
- Presenting testimony from friends and family who see your daily struggles
- Building a narrative that shows the full human impact of your injuries
The goal is to transform what feels like an abstract concept into undeniable proof.
Why You Shouldn’t Handle This Alone
Many accident victims make the mistake of thinking they can negotiate directly with an insurance adjuster. The reality is, insurers are trained to downplay pain and suffering damages. Without legal help, you risk leaving thousands of dollars on the table.
Our attorneys work on a contingency fee basis, which means you pay nothing out of pocket. We only get paid if we win your case.
Call Big Auto for Help With Your Car Accident Claim
If you’ve been injured in Arizona or anywhere nationwide, don’t let an insurance company decide what your pain and suffering is worth. Call 844 BIG AUTO (844-244-2886) or visit us at our Phoenix office:
Big Auto Accident Attorneys3550 N Central Ave, Suite 550
Phoenix, AZ 85012
We’re here to fight for you and secure the big results you deserve.
Content reviewed by managing attorney, Nic Edgson. Nic has been an Arizona-licensed lawyer for more than a decade and focuses his law practice on helping people seriously injured in car accidents and truck accidents. He has represented thousands of clients and recovered more than $50 Million Dollars fighting for their injuries and medical bills. Throughout his legal career, Nic has helped those injured through some of the most difficult times in their lives.