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Pain and Suffering Compensation

Madhurjya Bhattacharyya Jan 11, 2019
Have you met with an accident and looking for some kind of pain and suffering compensation to meet your medical bills and lost wages? If yes, we give you some information on how you can claim pain and suffering settlements.
Whenever a person meets with an accident, the insurance company becomes responsible for paying the lost wages and medical bills, besides compensation for pain and suffering caused to the insured. It includes everything related to non-economic damages and includes everything which can't be calculated.
For example, medical bills, damage of property and lost wages can be calculated and so does not fall under this category. It would include costs associated with recovering from injuries and not being able to take part in routine activities, thereby resulting in financial loss.
However, the amount you can claim is not clearly defined and you need to furnish proof of all the loss you have incurred due to the accident.
You and the insurance company would have to negotiate the compensation and in some cases it is adjudicated by a jury. Many a time it's beneficial to get the services of an experienced attorney as the amount offered by insurance companies is way below the amount you expect.

Is This Compensation Taxable?

If you are injured in an accident, you can claim tax exemptions as per rules of this type of compensation. The concept behind this is that an injured person does not gain anything from the compensation for medical expenses.
However, you need to provide all the relevant documents while filing for taxes, else, it would be considered as regular income and taxed accordingly. Some of the documents you would require are medical bills and a proof that you have been compensated by the insurance company.


It's difficult to precisely measure pain and suffering, but there are a few things worth remembering while figuring out a fair compensation. Try to associate money with pain and suffering and think of an amount which your sufferings are worth.
For example, you can determine pain and suffering by the income you lose from not being able to continue with your vocation. Moreover, you can also take into consideration medical check-ups and costs associated with it.
At times you can get the full amount claimed, but usually the insurance agent has his or her own views on the worth of your injuries. You need to convince them that the claimed amount is fair enough.


Depending on the severity of injury, the damages you can claim vary. If the injury is untreated, it would result in more costs and you can claim damages proportionately. If there is a permanent injury or scar, the amount of compensation would increase. If you get a scar, compensation would depend on its effects and the time required to heal the scar.
For example, a young man can claim damages of emotional sufferings resulting from the scar. But on the other hand, an old person who gets an unseen scar can't claim as much damage as the young man.

Personal Injury

While negotiating the personal injury pain and suffering compensation, the first and most important thing to remember is to collect all medical bills proving the expenses you have incurred. This would help you in negotiating with the insurance agent.
You need to ask your medical practitioner to make detailed notes of all the pains and aches which you may suffer so that they act as an official documents. Usually, suffering cannot be seen, it can only be felt. You can take pictures of all your injuries that are visible like those on your legs, arms, etc.
Once you have documents ready, talk to the insurance company. While negotiating, you need to prove that you have lost wages due to the accident. The longer you take to recover, higher the compensation you can demand. You also get compensation for future visits to the doctor and medicines you buy.
The compensation amount granted varies depending on factors such as season, state of economy and practices of insurance industry. In some states the amount of compensation is capped and cannot be exceeded by the jury.
The compensation also depends on the personality of plaintiff, his lawyer and the witnesses as well as on the perceptions held by the jury at the time. The pain and suffering compensation is a measure to protect you from the burden you have to incur due to the mishap. It's a long-drawn-out process, so you have to be prepared for delays during the process.