What’s Included in a Pain and Suffering Claim?
- Reza Yassi
- Sep 29
- 5 min read
Updated: Oct 1
When you are hurt in an accident, the harm is often more than just physical injuries. The pain you feel, the stress you carry, and the changes in your daily life are real losses. This is where a pain and suffering claim comes in. It is a way to seek compensation for the emotional, physical, and mental hardships caused by someone else's negligence.
Many people wonder how these claims work and what is actually included. In this blog, we will explain the details, give examples, and help you understand the factors that affect such claims.
What Is a Pain and Suffering Claim?
A pain and suffering claim is a request for compensation beyond medical bills and lost wages. It covers the physical discomfort, emotional distress, and overall loss of quality of life you experience after an injury. This part of an injury compensation claim is often harder to measure, but it is just as important as financial costs.
Lawyers and courts consider the seriousness of your injuries, the impact on your daily life, and how long the suffering is likely to continue. Because these damages are not tied to a receipt or bill, they require careful explanation and evidence.
Also read: How much is pain and suffering worth?
Physical Pain and Its Impact
The most direct part of pain and suffering is the physical pain itself. This can range from broken bones and burns to long-term conditions like nerve damage or chronic back pain. Even after medical treatment, many injuries leave lasting discomfort.
For example, someone with a spinal injury may struggle with constant stiffness, headaches, or reduced mobility. These are real burdens that affect how a person lives and works. A personal injury lawyer in Manhattan can help explain these impacts clearly in your claim, so the compensation reflects the true toll of your injury.
Emotional and Mental Distress
Physical pain is only part of the story. Emotional suffering can be just as overwhelming. Anxiety, depression, post-traumatic stress disorder (PTSD), and fear of certain activities often follow serious accidents.
For instance, a victim of a car crash may experience panic attacks whenever they ride in a vehicle. A person attacked by an animal may feel long-term fear and avoid public spaces. These are considered part of emotional suffering, and they are recognized in the law as valid damages.
Loss of Enjoyment of Life
Pain and suffering claims also include compensation for the loss of enjoyment in daily life. This refers to the activities you can no longer enjoy because of your injuries.
For example, if you loved running, swimming, or playing with your children but can no longer do so without pain, that loss matters. It shows how your injury has changed your lifestyle and happiness. Courts recognize this as a genuine form of harm.
Permanent Disabilities and Disfigurement
Some injuries result in lasting changes, such as permanent disabilities, scarring, or disfigurement. These injuries affect not only physical ability but also self-esteem and emotional health.
A person who loses mobility in their hands or legs may have to change careers, rely on assistance, or lose independence. Someone with visible scars may experience shame or social anxiety. These effects are included in pain and suffering claims to reflect both the practical and emotional impact.
The Role of Injury Compensation
Injury compensation is meant to make a victim whole, as much as possible. While money cannot erase suffering, it provides a form of justice and helps cover the losses that are difficult to calculate.
Compensation may be awarded in two ways:
Multiplier method – where medical costs are multiplied by a number based on injury severity.
Per diem method – where a daily rate is set for your suffering until recovery.
These methods are designed to give a fair estimate of what your pain and distress are worth.
Specific Examples: Animal Bites & Attacks
Animal bites & attacks are common examples where pain and suffering are significant. Beyond the physical injury, victims may face scarring, trauma, and ongoing fear of animals. Children, in particular, may develop long-term anxiety after such incidents.
Compensation for these cases can cover both medical treatment and the invisible emotional scars. This shows why legal guidance is so important; an experienced lawyer will know how to present both physical and psychological impacts.
How Evidence Supports Your Claim
Because pain and suffering are not always visible, strong evidence is crucial. Some examples include:
Medical records and doctor statements about ongoing pain
Mental health records for anxiety or depression
Testimonies from family, friends, or coworkers about changes in behavior
Journals where you describe daily struggles and limitations
This documentation helps show the court the reality of your suffering.
Why Legal Guidance Matters
Every case is different, and insurance companies often try to minimize pain and suffering claims. They may argue that your suffering is exaggerated or unrelated to the accident.
Working with a skilled lawyer ensures your experiences are explained in a way the law understands. For example, a personal injury lawyer will gather medical reports, expert opinions, and witness testimony to build a strong case. This not only increases your chance of fair compensation but also gives you a sense of security during a stressful time.
Conclusion
A pain and suffering claim is more than just a legal term; it is a way of recognizing the real hardships people face after accidents. From physical pain to emotional struggles, from the loss of enjoyment to permanent disabilities, these claims cover the hidden costs of injury. If you or someone you know is going through such challenges, it is important to seek advice and understand your rights. With the right support, your injury compensation claim can reflect the true value of what you have lost and help you move forward with dignity.
A Friendly Note: For Information Only
We hope this blog helped you understand what pain and suffering mean in a lawsuit and how they may affect an injury claim. Please remember, this information is educational only and not legal advice. Every case is different, and the best step is to speak with a lawyer who can guide you based on your unique situation.
Need Help After an Injury?
At Yassi Law P.C., led by Reza Yassi, we know how overwhelming life can feel after an accident. You may worry about your health, your future, and your rights. You do not have to face this alone.
We are here to listen, explain your options in simple terms, and guide you forward with care and confidence. With the right support, you can rebuild your life and feel secure again.
FAQs
What counts as pain and suffering in a legal claim?
Pain and suffering include physical pain, emotional distress, and changes in daily life caused by an injury. It covers both the visible and invisible impacts. Courts look at how much your life has been affected and for how long.
How is pain and suffering calculated?
There are two main methods: the multiplier method and the per diem method. Both try to place a fair value on non-economic damages. The actual amount depends on the seriousness of your injury and its long-term effects.
Do animal bites and attacks qualify for pain and suffering claims?
Yes, animal bites & attacks often lead to physical injury, scarring, and emotional trauma. These damages can be included in your claim. A lawyer will help present both the medical and emotional sides of your suffering.
Why do I need a lawyer for a pain and suffering claim?
A lawyer helps gather evidence, explain your suffering, and negotiate with insurance companies. Without guidance, claims are often undervalued. Having a professional ensures your injury compensation truly reflects your losses.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. For advice pertaining to your specific situation, please consult a qualified attorney licensed in your area.
