Pain and Suffering Damages: What They Cover and How They Work

Pain and suffering damages compensate you for the physical pain, emotional distress, and lost enjoyment of life that follow an injury someone else caused. They are “non-economic” damages: unlike medical bills or lost wages, they have no receipt, so their value is argued, negotiated, and sometimes decided by a jury.

The short version:

• Pain and suffering covers physical pain and mental anguish, including inconvenience, embarrassment, and not being able to do normal activities.
• There is no official formula. Insurers and lawyers use rules of thumb; juries decide what is fair.
• Some states cap non-economic damages, and your own share of fault can reduce the award.
• Medical records and a record of how the injury affects daily life are what prove it.

This is general information, not legal advice. Rules differ by state.

What pain and suffering covers

In law, pain and suffering means the physical discomfort and emotional distress that can be compensated as non-economic damages: pain, discomfort, anguish, inconvenience, and the emotional trauma that comes with an injury (Cornell Law School). In New York, for example, it also covers loss of enjoyment of life, the frustration of no longer being able to do things you used to enjoy.

Courts have described suffering as one combined idea that takes in physical pain and the various forms of mental anguish and emotional distress, including the inability to perform normal activities because of the injury (Cornell Law School).

It sits beside the other kinds of compensation in an injury claim (Cornell Law School):

• Economic damages: medical bills, lost wages, and property repair, all of which have a receipt.
• Pain and suffering and other non-economic losses.
• Punitive damages: awarded only for wilful or reckless conduct, as punishment rather than compensation.

A spouse may also have a separate claim for loss of consortium.

How it is valued

No statute sets a formula. In practice, three approaches show up:

• A multiplier. Some insurers and lawyers multiply the economic damages by a factor that rises with the severity and duration of the injury. Figures such as “1.5 to 5” circulate online, but they are rules of thumb, not law.
• A daily rate. A dollar amount is assigned for each day from the injury until you reach maximum medical improvement.
• A jury’s judgement. At trial, jurors have wide discretion to award what they consider fair, based on the medical evidence, the testimony, and your credibility.

Because of this, the same injury can be valued very differently in different states, and even in different counties. For how that figure becomes a payment, see how car accident settlements are worked out and how a car accident lawsuit works.

Caps and fault

Some states cap non-economic damages, most often in medical malpractice cases, either at a fixed dollar amount or by formula. If you share some of the blame for the accident, comparative negligence rules reduce the award by your share, and in some states bar it. Check the rules in the state where the injury happened.

How to prove it

Because pain and suffering is subjective, documentation does the work:

• Medical records that note diagnoses, treatment, medication, and pain levels at each visit.
• A daily journal of pain, sleep, missed activities, and how you feel.
• People who know you: family, friends, or co-workers who can describe the changes they have seen.
• Your treating doctors or therapists, who can link the injury to ongoing pain or distress.

Gaps in treatment are one of the most common reasons an insurer argues an injury was minor. If evidence such as video or vehicle data could disappear, a spoliation letter asks the other side to keep it.

Who pays

In a car crash, the at-fault driver’s liability insurance pays pain and suffering up to its policy limit. If that driver has no insurance or too little, your own uninsured motorist coverage may pay it instead.

Frequently asked questions

What is the difference between pain and suffering and emotional distress?

Pain and suffering is the broader term and includes both physical pain and mental anguish. Emotional distress refers to psychological harm such as anxiety or depression. Some states treat them as overlapping, and some allow separate claims for emotional distress in particular situations.

Can I claim pain and suffering if I was partly at fault?

In most states, yes, with the award reduced by your share of fault. In a modified comparative negligence state you recover nothing once your share reaches 50% or 51%, and in the few contributory negligence states any fault can bar the claim.

How long do I have to make a claim?

Each state sets a statute of limitations for injury claims, commonly two or three years from the injury, and longer or shorter in some states. Missing it usually ends the claim.

Does health insurance reduce what I get for pain and suffering?

Not directly. Your health insurer may be entitled to be repaid for what it paid for treatment out of a settlement, and many states stop the defendant from telling the jury that your health insurance covered your bills.

Can I get pain and suffering in a workers’ compensation claim?

Generally no. Workers’ compensation pays medical costs and part of lost wages but not non-economic damages. If someone other than your employer caused the injury, you may be able to bring a separate injury claim against them.

Where to go from here

Start a simple journal today and keep every medical record. For the wider picture, read how a car accident lawsuit works or browse the injury claim guides. Arhox is an independent publication, not a law firm; our editorial policy and disclaimer explain how these guides are prepared.