Pain and Suffering in Personal Injury Cases

“Pain and suffering” following an injury extends beyond physical discomfort. The term has significant weight in personal injury claims, and having a clear understanding of its components is crucial. Pain and suffering refers to the emotional distress that one may experience after a traumatic event. This can include anxiety, sleep disorders, depression, or an overall decrease in one’s quality of life.

Given these experiences are subjective by nature, determining a monetary value can be complex. Courts will often rely on medical reports, expert testimony, and personal documentation to calculate damages for pain and suffering.


The scope of pain and suffering damages extends to various personal injury cases, from car accidents and motorcycle accidents to product liability or workplace injuries. Generally, it is instances in which people sustain injuries or mental distress that can potentially lead to a pain and suffering lawsuit. A seasoned pain and suffering attorney in Los Angeles can assess your situation and determine whether a valid claim for damages exists.


Comprehensive documentation is vital to a solid pain and suffering lawsuit. Regularly updating a pain journal that tracks the intensity of your pain and how it affects your life can significantly help communicate your experiences. Storing copies of all medical records and treatment-related expenses can help strengthen your claim. Statements from witnesses offering a third-party perspective on your post-accident lifestyle changes can provide potent support.

Mental anguish is a significant component of pain and suffering and refers to the emotional fallout from an injury. Mental anguish can manifest as anxiety, depression, or even PTSD. Documenting mental anguish can be challenging, but regular psychological treatment, maintaining a pain diary, and reliable witness testimonies can help paint a compelling picture of your case.

Calculating the Value of Damages

Determining the financial value of pain and suffering damages [California] can involve different methods to determine the value. The question “how is pain and suffering calculated?” often arises, and speaking to a seasoned pain and suffering attorney is recommended to help you determine the value of your damages. Additional tools like a pain and suffering calculator can be used to help gauge very rough estimates, but these estimates are not guaranteed.

How Insurance Companies Evaluate the Value of Damages

Insurance companies will often assess claims based on factors like medical records, injury severity, recovery time, and overall life impact. They will often aim to settle claims for as little as possible, which is why having a seasoned pain and suffering lawyer to negotiate effectively on your behalf is critical. This ensures that you receive a fair settlement that accurately reflects your pain and suffering damages.

Settlement Negotiations

Negotiating a settlement for pain and suffering begins with your attorney sending a demand letter to the insurance company of the party at fault. The question of “how to calculate pain and suffering” during these negotiations is key. The insurance company usually responds with a lower counteroffer, initiating a negotiation process.

This process requires patience, and your attorney might recommend refusing initial offers until they believe their offers accurately reflect your damages. A strong attorney possesses the expertise to gather and present convincing evidence, liaise with medical experts, and accurately calculate your compensatory damages.

The Role of a Pain and Suffering Lawyer

A top pain and suffering lawyer can be pivotal in your pain and suffering claim. John J. Perlstein understands your pain, and will relentlessly pursue legal action on your behalf so you can focus on recovery. Presenting evidence, negotiating on your behalf, and getting you the compensatory damages you deserve are John’s top priorities.

To set up a free consultation about your potential pain and suffering lawsuit, or any other personal injury claim or wrongful death claim you may have, fill out our online contact form or give us a call at (213) 252-1070. 


Los Angeles Personal Injury Victim or Surviving Loved One of a Los Angeles Wrongful Death Victim?

It’s vital to take action now. Call (213) 252-1070 today or fill out the form below for a FREE consultation with a personal injury and wrongful death attorney (Los Angeles and the surrounding Southern California area).

Fill out the form below to set up a free consultation on your personal injury case: