How Much Do Insurance Companies Pay for Pain and Suffering?

How Much Do Insurance Companies Pay for Pain and Suffering?

The main reason we carry auto insurance is in case we get into an accident. Whether you submit a claim to your own policy or the other driver’s, you expect to be paid for your injuries. A car wreck attorney in Texas will work hard to get their clients as much compensation as possible. This means they’ll try to negotiate the highest settlement possible.

Auto insurance policies cover several things:

  • Property damage
  • Medical bills
  • Pain and suffering

When it comes to medical bills, it’s usually not that hard to prove. Your Texas auto accident attorney can submit copies of all medical bills. They can also have doctors testify as to how much future medical care you need. This will help establish how much you’re entitled to in future medical bills.

For property damage, the calculation is even simpler. All you need are copies of any invoices related to the repairs done to your car. If your car was totaled, you’ll need to submit proof of how much it was worth. Sadly, you won’t be able to demand replacement value. Most insurance companies are only going to cover the actual value of your vehicle.

For pain and suffering, the calculations aren’t so easy. Your car wreck attorney in Texas is going to have to submit evidence to prove these damages.

What is Pain and Suffering and is it Covered by Insurance?

Pain and suffering are damages intended to compensate plaintiffs for the physical and mental anguish caused by their injuries. Some accidents are so serious that the victims never recover. Or, if they do recover, their lives will never be the same.

Insurance policies do cover pain and suffering. There isn’t a certain clause in a policy that outlines how much the limit is for this type of compensation. It’s included in the coverage for bodily personal injury.

How much your insurance company will pay for pain and suffering depends. There are several factors that determine how much they may be willing to pay:

  • What is the policy limit?
  • How much of this coverage is eaten up by medical bills?
  • How bad were your injuries?
  • Can your lawyer prove pain and suffering?
  • Does the insurance company think you can prove pain and suffering if the case went to trial?
  • How much have juries awarded in similar cases in the past?

The insurance company will take these things into account when determining their offer. Your car wreck attorney in Texas will try to negotiate a fair settlement with the insurance adjuster. If they’re not able to do this, you’ll have no choice but to file a lawsuit.

How is Pain and Suffering Calculated?

There’s a lot that goes into calculating pain and suffering. There is no chart that you can consult and come up with a number. Yes, insurance companies do use formulas to determine how much they’re willing to pay. But there is no fast and hard rule that makes this calculation.

Some of the things a jury will take into account when calculating pain and suffering include:

  • Does the person act like a person in pain would act?
  • Did the victim have any pre-existing injuries or conditions?
  • Can the victim do normal, everyday activities?
  • What did the person do for a living?
  • What did the individual earn prior to the accident?
  • How old is the victim? How many more years would they work?
  • Does the claimant have a family and children?

Your car wreck attorney in Texas will have to submit evidence that shows all of these things. What it really comes down to is how much did your injuries impact your life? The physical pain is important. So are things like anxiety, depression and social withdrawal. It’s these things that change your life more so than scars and long-term medical issues.

The more severe your injuries, the more you’ll receive in pain and suffering. This is where your attorney comes in. How well can your attorney can prove your damages is what will determine your pain and suffering.

Contact an Experienced Car Wreck Attorney in Texas

If you’ve been injured in a car accident, you need a car wreck attorney in Texas. Your lawyer will negotiate with the insurance company to get you as much money as possible. He’ll do what it takes to prove your damages. He’ll make sure the other driver is held accountable for your pain and suffering.

Call today and schedule your initial consultation. It’s absolutely free and you pay nothing until you win your case.


our offices

  • Beaumont Office

    215 Orleans St.
    Beaumont, TX 77701

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    Suite 300
    Houston, TX 77002

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    Burbank, California 91505

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    Suite 2000
    Philadelphia, PA 19102

  • Nashville Office

    1102 17th Avenue, South
    Suite 305
    Nashville, TN 37212


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