Pain and Suffering
- Nilufa Yeasmin
- Jul 29
- 6 min read
Updated: Aug 2

When someone gets seriously hurt in an accident, it’s not just about broken bones or hospital bills. It’s also about the pain they feel every day and the way their life changes. That’s what people mean when they talk about “pain and suffering.”
Pain and suffering is real. It can affect your body, your mind, and even your relationships. It’s not something you can see on an X-ray, but it’s just as important as medical bills or lost paychecks.
This article explains what pain and suffering means in a legal case and how serious injury lawyers help people get compensation for it. We’ll keep things simple and clear, like a real conversation between friends.
What Is Pain and Suffering?
Pain and suffering is a legal term used to describe the emotional and physical stress caused by an injury. It includes:
Physical pain from the injury
Emotional distress, like anxiety or depression
Loss of sleep
Loss of enjoyment in daily life
Trouble doing things you used to love
Mental fatigue
Embarrassment from scars or injuries
Some of this pain is short-term. Some of it lasts for years. Every person is different, and every injury affects people in its own way.
Examples of Pain and Suffering
Let’s say someone was in a car accident and broke their leg. After surgery, they can’t walk without pain. They can’t play with their kids the same way. They stop going to social events because it’s too hard to move around. That’s pain and suffering.
Or maybe someone falls at work and hurts their back. They can’t sleep well anymore. They feel nervous and angry all the time. Their injury also makes it hard to be around people. That emotional toll counts as pain and suffering too.
It’s not just about what’s happening to your body—it’s about what your life feels like after the injury.
Why Pain and Suffering Matters in Legal Cases
When someone else causes your injury—whether it’s a car crash, slip and fall, or medical mistake—you have the right to ask for compensation. That includes money for the medical bills, but also for everything the injury has taken from you.
Pain and suffering matters because it affects your whole life. It’s not just about how much money you lost—it’s about how much your life changed.
Serious injury lawyers work to show how bad the injury really is. They help you tell your story in a way that makes insurance companies, judges, or juries understand how much you’ve been through.
What Serious Injury Lawyers Do
Serious injury lawyers help people who’ve been hurt in accidents. They deal with insurance companies, gather medical records, talk to doctors, and handle all the legal stuff so you can focus on healing.
When it comes to pain and suffering, they:
Listen to how the injury has affected you
Help you write a daily pain journal
Collect letters from doctors or therapists
Interview friends or family members who’ve seen the changes in you
Work with experts who understand trauma and mental health
They take all that info and use it to build a case that shows how much you’ve suffered—and why you deserve to be paid for it.

How Pain and Suffering Is Calculated
This part can be tricky. Unlike medical bills or lost wages, pain and suffering doesn’t come with a receipt. There’s no set number. So lawyers and insurance companies use a few different methods to figure out how much it’s worth.
The Multiplier Method
This is one of the most common ways. First, the lawyer adds up all your economic damages—like medical bills and lost income. Then they multiply that number by a number between 1 and 5, depending on how bad your pain and suffering is.
For example:
If your medical bills and lost wages are $50,000
And your suffering is considered severe (say a multiplier of 4)
Then pain and suffering could be worth $200,000
This isn’t always exact, but it helps lawyers argue for a fair amount.
The Per Diem Method
“Per diem” means “per day” in Latin. In this method, a daily rate is chosen for how much your pain and suffering is worth. That rate is then multiplied by the number of days you’ve been suffering.
So if your daily rate is $200 and you’ve been in pain for 180 days, your pain and suffering could be $36,000.
Again, this depends on the case. Serious injury lawyers pick the method that makes the most sense based on your situation.
Evidence That Helps Your Case
To get money for pain and suffering, you need to show how the injury affected your life. Here’s some of the best types of evidence:
Medical records and doctor notes
Mental health therapy notes
A pain journal where you write down how you feel each day
Testimony from people close to you
Photos of injuries or medical treatments
Records showing missed events (like school plays, weddings, or sports)
The more evidence you have, the easier it is for your lawyer to prove how serious your suffering really is.
How Mental Health Is Part of Pain and Suffering
Many people think pain and suffering is only about the body. But that’s not true. Mental health struggles matter too. If your injury makes you feel scared, sad, angry, or anxious, that’s part of your pain and suffering.
In some cases, people develop PTSD (post-traumatic stress disorder) after a scary event like a car crash. Others deal with depression because they can’t do the things they used to enjoy. Some feel isolated and embarrassed about their injuries.
If you’re seeing a counselor, therapist, or taking medication for emotional reasons, your lawyer will include that in your case. It’s not a sign of weakness—it’s a sign that you’ve been deeply affected, and it matters.
What If the Insurance Company Says No?
Insurance companies don’t like paying for pain and suffering. They might say you’re not hurt that badly. Or they might offer a small amount and hope you accept it fast.
A serious injury lawyer knows how to push back. They’ve seen these tricks before. They gather all the evidence, build a strong case, and keep fighting until the offer is fair. If needed, they’ll take your case to court and let a judge or jury decide.
Going to Court for Pain and Suffering
Most injury cases don’t go to court. But sometimes, insurance companies won’t agree to a fair deal. If that happens, your lawyer may file a lawsuit.
In court, your lawyer will tell your story. They’ll show the judge or jury your medical records, your pain journal, and bring in witnesses. You may be asked to speak about how the injury changed your life.
It’s not always easy to talk about pain. But with the right lawyer by your side, you’ll have someone fighting for your voice to be heard.

Real Life Impact
Pain and suffering isn’t about being dramatic. It’s about being real. Maybe you used to love playing sports, and now you can’t. Maybe you feel tired and sad all the time. Maybe your injury changed the way you see yourself.
These things matter. You’re not just a number. You’re a person who got hurt and is doing your best to recover.
Lawyers who focus on serious injury cases understand this. They take the time to listen, to ask questions, and to make sure your experience is part of the case—not ignored or pushed aside.
How Long Do You Have to File?
In most states, you have about two years to file a personal injury case. This is called the statute of limitations. If you wait too long, you may lose your chance to ask for compensation.
Even if you’re still healing or unsure about the future, it’s smart to talk to a lawyer early. They can help you understand your timeline and get started before time runs out.
Can You Afford a Lawyer?
Most serious injury lawyers work on a contingency fee. This means you don’t pay anything up front. The lawyer only gets paid if they win your case or get you a settlement.
Their fee usually comes out of the money you win. This makes it easier to get help without worrying about legal bills. It also means your lawyer is motivated to fight hard for your case.
Final Thoughts
Pain and suffering is something that’s hard to explain but easy to feel. If you’ve been hurt and your life has changed because of someone else’s actions, you don’t have to deal with it alone.
A serious injury lawyer can help you speak up, show what you’ve been through, and ask for the help you deserve. You’re not just asking for money—you’re asking for fairness. You’re asking for recognition of everything you’ve lost.
You have the right to be heard. You have the right to heal. And you have the right to be supported, every step of the way.
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