Traffic accidents can leave lasting physical and emotional scars. While many people focus on the immediate physical pain, emotional distress, anxiety, and the loss of daily activities are just as important—and just as compensable.
To ensure you receive the compensation you deserve, you will need to prove both the physical and emotional toll your injury has taken on you.
What Are Non-Economic Damages?
After an accident, you can claim compensation for both economic and non-economic damages. Economic damages are easy to calculate—things like medical bills, lost wages, and property damage. But non-economic damages are different. These are things that don’t have a price tag, like the emotional and physical toll the accident has taken on your life.
Some common Non-economic damages include:
- Pain and suffering: Compensation for physical pain, mental distress, and discomfort.
- Emotional distress: Anxiety, depression, or PTSD caused by the accident.
- Loss of enjoyment of life: If your injuries prevent you from doing things you used to love, like exercising or spending time with family.
- Disfigurement or scarring: If your injuries leave visible scars or permanent changes to your appearance.
These damages may be harder to calculate, but they’re just as important to your recovery.
What is Pain and Suffering?

Pain and suffering include both physical and emotional impacts of the accident. It’s the ongoing discomfort and distress that you experience long after the initial injuries heal.
Here are some examples of what can be considered pain and suffering:
- Physical pain: The physical pain and suffering from broken bones, burns, or other injuries that affect your daily life. For example, if you were in a car accident and now have chronic back pain, that would be included.
- Emotional distress: Anxiety, depression, or fear related to the accident. For example, if you have trouble sleeping or feel stressed and scared every time you get into a car, that can count as emotional distress.
- Loss of enjoyment of life: If your injury keeps you from enjoying activities you once loved—like playing sports, gardening, or even spending time with your family—it has affected your quality of life.
- Disfigurement or disability: Permanent scars or a disability that changes how you look or how you live can add to your pain and suffering claim.
How Is Pain and Suffering Compensation Calculated?
Unlike medical bills, calculating pain and suffering isn’t easy.. But there are common methods lawyers use to calculate a fair amount for these damages.
Two main methods for calculating pain and suffering:
- Multiplier Method:
- Your total medical bills are multiplied by a number, typically between 1.5 and 5, depending on the severity of your injury.
Example: If your medical bills total $10,000 and the multiplier is 3 (for a moderate injury), your pain and suffering could be worth $30,000.
- Per Diem Method:
- This method assigns a daily amount for pain and suffering, usually based on how much your pain is worth on a daily basis.
Example: If your pain is worth $100 a day and you suffer for 100 days, your total compensation for pain and suffering would be $10,000.
Factors that can affect the amount:
- Severity of your injury: More serious injuries typically mean higher compensation.
- How long you suffer: If your pain lasts a long time or is permanent, you may receive more.
- Your lifestyle changes: If the injury significantly affects your ability to work, care for yourself, or enjoy life, this can increase your compensation.
How to Prove Pain and Suffering in Your Case

Proving pain and suffering can be challenging because it’s not something you can simply show with a receipt or bill. But there are ways to strengthen your pain and suffering claim:
1. Keep detailed medical records:
Document every treatment, therapy session, and medication you take. Medical records show how the accident affected your health.
2. Keep a personal journal
Start a journal to document how your injuries affect your daily activities, emotional well-being, and relationships. This personal record will help show the long-term impact of your pain and suffering.
3. Get witness statements:
Friends, family, or co-workers who have seen your pain firsthand can provide valuable testimony. They can explain how your injury has impacted your ability to work or enjoy your usual activities.
4. Psychological evaluations:
In some cases, a mental health professional can help show the emotional and mental anguish of the injury, such as anxiety or depression caused by the accident.
If you need help strengthening your pain and suffering case, reach out to our experienced personal injury lawyers. We can help you receive the compensation you deserve. Call El Dabe Ritter Trial Lawyers today for a free consultation!
Challenges in Proving Pain and Suffering Claims After a Traffic Accident
Many accident victims struggle to get fair compensation due to proving pain and suffering. Insurance companies often try to downplay pain and suffering because it’s subjective and harder to measure. They may argue that your pain isn’t as severe as you claim or that you’ve fully recovered.
Some challenges include:
- Insurance skepticism: Insurance companies may argue that your pain isn’t as bad as you say, or that it’s not related to the accident.
- The subjective nature of pain: Pain and suffering can feel different to each person, so it’s hard to put a specific number on it.
- Proving your case: Since pain and suffering can’t be measured financially, proving its impact can be difficult. Our personal injury lawyers are here to help you gather the evidence and communicate the true extent of your suffering.
How Our Personal Injury Lawyers Can Help You
Proving pain and suffering in a personal injury claim can be challenging, but our experienced personal injury lawyers have over two decades getting injured victims fair compensation for their pain and suffering. Here’s how we can support you:
- Gathering Strong Evidence: Our skilled personal injury attorneys know what evidence to collect, from medical records to witness statements, to help prove the emotional and physical toll of your injury.
- Handling Insurance Negotiations: Insurance companies often try to minimize pain and suffering claims. We know how to negotiate effectively to ensure you get the compensation you deserve. If they offer less than what you are entitled to, we won’t hesitate to take your case to court and fight for what you deserve.
- Ensuring Full Compensation: We’ll work to make sure that all aspects of your pain and suffering—physical, emotional, and lifestyle changes—are included in your claim for maximum compensation.
Recommended Reading: Is Hiring a Personal Injury Lawyer Worth It?
Frequently Asked Questions (FAQs)
Do I need to provide evidence of pain and suffering?
Yes, evidence is crucial to proving pain and suffering. This may include medical records, personal journals, witness statements, photos of injuries, and testimonies from family or friends who have seen how the accident has affected your life.
How long do I have to file a pain and suffering claim after a traffic accident?
In California, the statute of limitations for filing a personal injury claim, including pain and suffering, is two years from the date of the accident. It’s important to act quickly to ensure your claim is filed on time.
Can insurance companies deny pain and suffering claims?
Yes, insurance companies may try to downplay or deny pain and suffering claims by questioning the severity of your injury or the link between the accident and your pain. A personal injury lawyer can help you gather the necessary evidence and negotiate with the insurer.
What if I’m still receiving medical treatment for my injuries?
If you’re still undergoing treatment, your pain and suffering claim can account for both past and future pain. It’s important to keep records of ongoing treatment to reflect the full extent of your suffering.
Can I claim pain and suffering if the accident wasn’t my fault?
Yes, if the accident wasn’t your fault, you can still seek compensation for pain and suffering. The other party’s insurance should cover your pain and suffering if you can prove their negligence caused your injuries.
Will my pain and suffering claim affect my settlement amount?
Yes, the value of your pain and suffering claim can significantly affect the total amount of your settlement. The more evidence you provide and the stronger your case, the higher your compensation might be.
Count On Us to Secure the Compensation You Deserve

Your recovery matters—both physically and emotionally. If you’ve been in an accident and are experiencing pain, suffering, and emotional distress, you deserve to be fairly compensated. Get in touch with our experienced personal injury lawyers and learn how we can help you get the compensation you deserve.
Call El Dabe Ritter Trial Lawyers today for a free no-risk consultation!
Fill out our form today to schedule your free consultation and take the first step towards justice.
Learn more about how our personal injury lawyers can help you in: