How Much Will I Get for Pain and Suffering from a Car Accident?

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How Much Will I Get for Pain and Suffering from a Car Accident?

If you suffered an injury in a car accident in Newport Beach, you are probably trying to understand whether the law recognizes the physical pain, psychological distress, and emotional anguish that often result from collisions like yours. Yes, pain and suffering is a common feature of car accident cases.

The question then becomes, how much is my pain and suffering worth?
To answer that question satisfactorily, we need to know more about you and your accident. The Newport Beach, CA, car accident lawyers at Bentley & More LLP use legally recognized methods to calculate pain and suffering, but we typically need to know specific details about your pain and suffering to conduct these calculations.

This article should help you better understand pain and suffering (and its value), but you can contact Bentley & More LLP today for personalized guidance and representation after a car accident in Newport Beach.

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What “Pain and Suffering” May Include in Your California Car Accident Case

Pain and suffering falls under the category of non-economic damages, meaning that they don’t necessarily have an obvious or objective financial value. This label can be a bit deceiving, though, as few things may be as tangible to a car accident victim as their pain and suffering.

The damages we refer to as “pain and suffering” can be among the most intrusive, debilitating consequences of the car accident, and may include:

• Acute physical pain (including the pain that happens immediately as an injury occurs)
• Ongoing and potentially chronic physical pain and discomfort
• Stiffness
• Limited range of motion
• Weakeness
• Reduced mobility
• Lessened endurance
• Headaches
• Nerve pain
• Scarring
• Other types of disfigurement
• Emotional distress
• Anxiety
• Depression
• Post-traumatic stress disorder (PTSD), which is common among car accident survivors
• Lost sleep
• Concentration problems
• Memory issues

Collectively, these and other types of pain and suffering are certain to diminish your quality of life. In fact, many car accident victims’ lives become unrecognizable as a result of their pain and suffering.

For many Newport Beach residents, injuries affect more than just their physical comfort. You might be a less confident driver, be unable to engage in rigorous physical activity, and lose your most basic independence. Your car accident case needs to reflect these and other debilitating effects that we call pain and suffering.

At Bentley & More LLP, we do not treat pain and suffering as an abstract concept. We document it, measure it, and demand fair financial recoveries for it.

Why Pain and Suffering Can Matter Just as Much as Medical Bills (and, Sometimes, More)

Medical expenses show what injuries have been treated. Pain and suffering often reflects conditions that are not so easy to treat, and which may remain with the survivor long after their physical ailments have healed.

In severe injury cases, the value of pain and suffering often outweighs medical costs because this category of damages may reflect:

• Long-term physical consequences (rather than short-term injuries and treatments)
• Permanent or semi-permanent limitations (for instance, we know that car accident victims with facial trauma may be prone to both long-term depression and anxiety)
• Psychological effects that persist after physical healing is complete
• Lifestyle restrictions that do not show up on medical invoices

Two people can incur similar medical costs and experience very different symptoms and recoveries. Pain and suffering accounts for the differences that don’t show up on medical bills or even doctors’ reports.

The risk of severe pain and suffering can be exceptionally high when the car accident victim suffers:

• Traumatic brain injuries (as the brain is one of the most essential features of the human body, and even a “minor” brain injury can have devastating effects)
• Spinal injuries
• Multiple fractures
• Internal injuries
• Long-term orthopedic impairment

17,809 auto accidents in Orange County resulted in at least one injury or death in 2023. We can safely say that every single person affected by those accidents experienced a different array of pain and suffering. These types of damages are immensely personal, and you can trust a Newport Beach car accident lawyer from our firm to conduct an individual assessment and valuation of your pain and suffering.

Factors That Can Increase the Value (or Cost) of Pain and Suffering

It’s difficult to say the “value” of pain and suffering, as those enduring it may see little value in it. As attorneys, though, we must assign a financial value to your pain and suffering, and that valuation may likely be greater if you are suffering from:

• Severe or catastrophic injuries
• A prolonged recovery timeline
• Permanent physical limitations
• Chronic pain or recurring symptoms
• Significant disruption to work or daily routines
• Documented emotional or psychological effects

The active lifestyle that so many in Newport Beach live may be particularly vulnerable to accident-related injuries and trauma. The difference between your pre- and post-accident routines may be stark, and not in a positive sense.

The silver lining is that fair compensation for pain and suffering may enable you to seek treatments and engage in self-care that may help overcome your symptoms as rapidly as possible.

How Our Newport Beach Car Accident Attorneys May Value Pain and Suffering

There is no specialized calculator that spits out pain-and-suffering valuations. There are, however, two primary ways that personal injury attorneys calculate car accident victims’ pain and suffering:

• Multiplier method: Economic damages multiplied by a factor reflecting severity and permanence.
• Duration-based approach: Assigning a reasonable daily value to pain and applying it over the recovery period.

These methods help us determine how to value each client’s pain and suffering. Liable parties don’t typically accept such valuations, though, unless we have documentation and compelling arguments justifying the valuations.

Strong valuations are often backed by:

• Medical records
• Medical imaging
• Treating physicians’ opinions
• Specialist evaluations
• The testimony of one or more mental health professionals
• Testimony from loved ones, employers, friends, and others who have witnessed the effects of the victim’s accident-related injuries and trauma
• Consistent symptom tracking and reporting
• A clear, cohesive explanation of the full impact of the accident on the victim’s quality of life

Our valuations of pain and suffering aren’t guesses. They are carefully calculated figures supported by evidence, facts, and documentation.

We Always Expect Insurance Companies to Dispute the Value of a Client’s Pain and Suffering

One reason why we are so thorough in calculating pain and suffering is that we reasonably expect resistance from insurance companies. There is a level of subjectivity in calculating pain and suffering, and even if there weren’t, we’d expect insurers to put their own financial interests first by downplaying claimants’ pain and suffering.

We’re always prepared for insurance companies to argue:

• Pain is exaggerated
• Symptoms existed before the crash
• Treatment was unnecessary or excessive
• Recovery should have been quicker
• Our calculations are inaccurate or not adequately supported by documentation

We see these arguments regularly in car accident cases in Orange County. Because our valuations are carefully prepared, we can cite documentation, evidence, and logical arguments to counter these lowball tactics.

Your Newport Beach Car Accident Attorney Will Build a Case That Transcends the Valuation of Your Pain and Suffering

The value of pain and suffering is just one feature of a broader case for compensation. Our attorneys’ other responsibilities in leading your case will likely include:

• Preserving all relevant evidence
• Demanding any evidence in the liable parties’ possession
• Interviewing witnesses
• Working with accident reconstructionists and other qualified experts
• Identifying all responsible parties
• Valuing the total cost of your damages and demanding fair settlements from liable insurers

Our trial background shapes how we prepare cases from the beginning. Even when a case resolves without trial, that preparation influences leverage.

We Will Be Ready If Your Case Goes to Trial in Orange County

When a case goes to trial, pain and suffering becomes a question for the jury to evaluate. Most jurors are compassionate to plaintiffs’ pain and suffering, but we must guide them to a fair valuation using:

• Clear medical explanations
• Credible expert testimony
• Consistent, detailed documentation
• A restrained, fact-driven presentation

We do not rely on theatrics, though we are not afraid to show emotion. We rely on preparation, facts, evidence, and the jurors’ common sense. Insurers know that Bentley & More LLP is willing and able to try cases, and that affects negotiations long before any trial begins.

Damages (In Addition to Pain and Suffering) That You May Receive Compensation For

Pain and suffering is only one category of damages commonly resulting from car accidents. Depending on the details of your accident and injuries, you may also deserve compensation for:

• Medical bills
• Lost income
• Reduced earning capacity
• Property damage
• Rehabilitation and assistive care
• Medications
• Other economic and non-economic harm

Whether through an auto accident claim, a workers’ compensation claim (if you were working at the time of the crash), a lawsuit, or a trial, we will be determined to secure the compensation you deserve.

How to Choose the Right Lawyer in Newport Beach

That’s easy. Choose your Newport Beach car accident lawyer from Bentley & More LLP. We give you plenty of reasons to do so, including:

• Extensive trial experience
• Success in high-value cases
• Limited caseloads that ensure each client receives the attention they deserve
• Access to medical and technical experts
• Clear communication about fees and strategy
• Authenticity and compassion

In a market like Orange County, preparation and credibility matter.

Questions We Hear Often from Car Accident Victims Enduring Pain and Suffering

We have represented many survivors of car accidents in Newport Beach, and they often ask:

Is pain and suffering capped in California car accident cases?

In most car accident cases, California does not cap pain and suffering damages. There is no fixed maximum. It means that victims can demand fair compensation for pain and suffering without facing such limits.

Do minor injuries qualify for pain and suffering compensation?

They can, as you do not have to suffer a catastrophic injury to experience pain and suffering.

Yes, the value of one’s pain and suffering is often linked to the severity of physical injuries. However, it is plausible that someone with relatively “minor” physical injuries might experience unusually severe post-traumatic stress disorder (PTSD), or might have facial scarring that causes significant distress.

How long do pain and suffering claims usually take to resolve?

Timelines vary from case to case. Car accident cases involving serious injury often take longer because the full extent of the injury (and the recovery timeline) must be understood.

Other unique factors, such as whether a case goes to trial and how insurance companies handle the claim, can affect the resolution time. We advise patience, but also assure you that our team will lead your case with absolute urgency.

Call a Car Accident Attorney for Your Free Consultation About Pursuing Fair Compensation for Your Pain and Suffering

If you are trying to understand how much you will get for pain and suffering from a car accident, the answer depends on facts, documentation, and advocacy. We will handle all three, as we offer comprehensive, attentive representation at Bentley & More LLP.

You will not have to pay us anything out of your pocket, as our fees come from the settlements and judgments we secure for clients. Pay attention to California’s statute of limitations for personal injury cases, which is one of several reasons to reach out to us as soon as possible.

Reach out to Bentley & More LLP today for your free, no-risk consultation about working with a Newport Beach personal injury attorney.

Schedule a Free Consultation