Factors in Calculating a Pain and Suffering Settlement

In most states, pain and suffering damages are available following an automobile accident that is caused by another driver’s negligence. There is no clear cut formula that can be used to determine the exact amount an individual is entitled to for pain and suffering following an accident or personal injury, so it is something that must be negotiated with the insurance company or decided by a jury.

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To effectively negotiate a settlement for pain and suffering and obtain all of the benefits you deserve, it is often useful to have the guidance of an experienced Maryland personal injury lawyer who can assist you with the process.

For over 35 years, the accident lawyers at Saiontz & Kirk, P.A. have represented individuals who suffered a personal injury or accident in Maryland, Washington, D.C., Virginia, Pennsylvania and the rest of the mid-Atlantic region.  If you’re wondering what to do after a car accident in Maryland before talking to the insurance company, you can request a free consultation to make sure you obtain all of the benefits you are entitled to.


When a personal injury is sustained as a result of another driver’s negligence, the insurance company is not only responsible for the medical bills and lost wages, but also for the pain and suffering caused by their insured.

In an insurance claim, pain and suffering refers to the compensation paid for non-economic damages.  This encompasses everything that is not an actual financial loss as a result of the accident.  For example, lost wages, property damage and medical bills are all financial losses which can easily be calculated and determined.  Pain and suffering includes everything else.

Pain and suffering compensation will include many things, such as the discomfort felt while recovering from the injuries, the inconvenience suffered and the inability to take part in activities you normally could do were it not for the accident.

Calculating pain and suffering in a Maryland personal injury or Maryland auto accident insurance claim involves consideration of many factors.


An understanding of what is considered by the insurance company in determining the offer for an auto accident claim can assist in negotiating a larger settlement.

The main factors that are considered include:

  • the extent of the injury
  • the length of time that it took to recover
  • the degree of residual or permanent injury
  • the level of disruption which the injury causes
  • the emotional trauma suffered
  • the impact the physical injuries had on the overall well being.

Every injury is different, and the factors that make your injury different must be stressed to increase the value of the pain and suffering following an automobile accident.


The insurance company for the negligent driver will do anything that they can to minimize the amount of money they will have to pay for pain and suffering following an auto accident or personal injury. Recognizing possible weaknesses in your claim will prepare you to address these issues during negotiations and minimize the effect they will have on the calculation of the insurance claim for pain and suffering.

Some possible factors which the insurance company adjuster may use to reduce the amount of money offered for pain and suffering could include a liability argument which would place partial responsibility for the accident on the injured party, or a possible different cause of the injuries other than the accident. Although the injuries sustained may be significant, the calculation of pain and suffering will be impacted if there is a possible liability defense or if there is a pre-existing injury the insurance adjuster believes may be a contributing factor for the injuries and treatment.


If you or a family member have suffered physical injuries in an auto accident, truck accident or other incident caused by another person’s negligence, request a free consultation and claim evaluation with one of our experienced personal injury lawyers.  Following a free consultation, our attorneys will be able to help you determine the possible strengths and weaknesses of your claim, and whether you may benefit from having an attorney represent you in negotiations with the insurance carrier. After speaking with our injury attorneys, you will have a better idea of the value of your claim, and be better equipped to determine the value of pain and suffering in your insurance claim.

Following your free consultation and automobile accident claim evaluation, there is no obligation to retain the services of an attorney.  However, if you do decide to retain our services, there are no fees or expenses until we secure a recovery for you.