What Are Pain & Suffering Claims in Auto Accident Cases?

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Written by Auto Accident Team

Last Updated: September 24, 2024

After a car accident, victims face many challenges beyond injuries and property damage. Understanding traffic laws can also play a crucial role in determining liability and strengthening your claim. Pain and suffering claims cover the physical pain, emotional distress, and loss of enjoyment that many accident victims endure.

However, these non-economic damages are typically the most challenging to prove. Insurance companies frequently downplay the significance of pain and suffering to avoid larger payouts, leaving many victims feeling undervalued and unsupported.

At the Auto Accident Team, we understand how overwhelming the legal process can be and are here to connect you with experienced car accident attorneys who can advocate on your behalf. With a network of legal professionals who have a track record of success, we focus on pairing you with someone that is committed to protecting your best interests. When you have an attorney on your side, you can focus on recovery while knowing that your claim is in capable hands.

Investigating and Proving Pain and Suffering Claims

Pain and suffering damages are non-economic losses that go beyond tangible costs like medical bills or lost wages. Unlike economic damages, which are easier to quantify with receipts or pay stubs, pain and suffering damages are subjective and typically require thorough documentation and the experience of a seasoned legal professional to prove.

To build a compelling auto accident claim for pain and suffering, gathering strong evidence is essential. Some of the most effective types of evidence include the following:

Medical Records and Expert Testimony

Consistent documentation from doctors, physical therapists, and mental health professionals helps establish the severity and duration of your pain. This may include medical staff notes, treatment plans, and detailed records that outline the impact these injuries have on your daily life.

Personal Journals

Keeping a daily log of your pain levels, emotional state, and how the injuries affect your daily activities can provide a powerful narrative. These entries can give insight into how your life has changed and provide a human element that medical records cannot fully capture.

Witness Statements

Statements from family, friends, and coworkers who have witnessed how the accident has changed your ability to function can further substantiate your claim. Their observations of your struggles and behavioral changes carry weight in demonstrating how the accident has impacted your overall well-being.

Photographs and Videos

Visual evidence showing the severity of your injuries, as well as images or videos that highlight the challenges you face in daily activities, can strengthen your case. This kind of evidence helps paint a clearer picture for insurance adjusters or a jury.

How Insurance Companies May Dispute Your Pain and Suffering Claim

Insurance companies frequently dispute pain and suffering claims because they are subjective and challenging to quantify. They may argue that your pain is exaggerated, your emotional distress is unrelated to the accident, or that your injuries are less severe than you claim. Insurers typically look for gaps in treatment or delays in care to downplay the impact of your injuries. Additionally, they may offer low initial compensation amounts, pressuring you to accept before you feel the full impact of your injuries. This is just another reason why you should complete all prescribed medication and treatments.

Connecting with an experienced attorney through the Auto Accident Team can help you counter these tactics. A proven attorney knows how to build a strong case using thorough documentation and expert testimony to challenge the insurer’s arguments. Your personal injury lawyer can negotiate aggressively on your behalf and, if necessary, taking your case to trial to pursue the compensation you deserve. 

With a seasoned attorney in your corner, you will be better equipped to challenge the insurance company’s case and fight for the justice you deserve.

Get the Support You Need for Your Pain and Suffering Claim

Navigating through your injuries and recovery while dealing with the insurance companies can be daunting, especially when they constantly attempt to minimize your pain and suffering. The Auto Accident Team is here to take that burden off your shoulders by connecting you with dedicated attorneys who know how to build a compelling case. With years of experience and a commitment to clear communication, the attorneys in our network work to ensure that your pain and suffering is fully accounted for in your claim.


The Auto Accident Team makes it easy to get started. Reach out today, and we will promptly connect you with a local attorney who can evaluate your accident claim at no cost. Your road to justice starts here – call us at (877) 236-2391 or visit our contact form.

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