After a car accident, medical bills and missed work are often immediate concerns. But what about the physical pain, emotional distress, and lasting effects of an injury that don’t come with a price tag?
At Garmey Law, our Maine personal injury attorneys help accident victims understand their rights and pursue compensation that reflects the full impact of their injuries.
What Is Considered Pain and Suffering After a Car Accident?
Pain and suffering refers to the physical discomfort, emotional distress, and reduced quality of life caused by an accident. These are considered non-economic damages because they don’t have a fixed monetary value.
Physical pain and suffering may include chronic pain, reduced mobility, headaches, permanent limitations, or discomfort associated with medical treatment and rehabilitation.
Emotional pain and suffering can include anxiety, depression, sleep disturbances, PTSD, and the inability to enjoy activities or relationships as you did before the accident.
These effects can continue long after the initial injury. Learn more about car accident trauma symptoms and how PTSD can affect recovery.
What Factors Affect Pain and Suffering Compensation?
No guaranteed payout or universal formula determines pain and suffering damages. Instead, several factors influence how a claim is evaluated:
- Injury severity: Serious injuries, including traumatic brain injuries, spinal cord damage, and permanent disabilities, may have more significant long-term consequences.
- Recovery time: Extended medical treatment, rehabilitation, or ongoing pain can affect a claim.
- Impact on daily life: Difficulty working, caring for family, or participating in everyday activities may demonstrate the extent of an injury.
- Emotional effects: Documented anxiety, depression, PTSD, or other psychological challenges may be considered.
- Supporting evidence: Medical records, treatment history, and expert testimony help establish the connection between the accident and your suffering.
For additional information, read our guide to understanding pain and suffering damages.
Does Maine Law Limit Pain and Suffering Compensation?
With one exception, Maine generally does not impose a blanket statutory cap on pain and suffering damages in ordinary car accident personal injury cases. The exception is in cases where the plaintiff or the plaintiff’s loved one was killed by the accident; under such circumstances, Maine’s wrongful death statutory caps apply to pain and suffering damages. Even absent caps, issues such as liability, comparative fault, insurance coverage, and available evidence can affect the total amount of a plaintiff’s compensation.
Maine’s Comparative Fault Rule
Under Maine law, an injured person’s compensation may be reduced if they are partially responsible for an accident. If their fault equals or exceeds the combined fault of the other responsible parties, they generally cannot recover damages under this rule. Establishing liability is therefore an important part of any car accident claim.
Garmey Law’s Maine car accident attorneys can help investigate the circumstances, evaluate liability, and navigate the claims process.
How Do You Prove Pain and Suffering After a Car Accident?
Because pain and suffering doesn’t come with a receipt, you must document how your injuries affect your life. Evidence that may support your claim includes:
- Medical records: Diagnoses, treatment plans, and physician notes.
- Rehabilitation records: Documentation of ongoing pain and physical limitations.
- Mental health records: Evidence of accident-related anxiety, depression, or PTSD.
- Personal journals: Accounts of symptoms, emotional challenges, and daily limitations.
- Witness statements: Observations from family members or friends about changes in your quality of life.
Consistent medical care and accurate documentation can help demonstrate the extent of your injuries and their long-term effects.
If you’ve recently experienced a collision, review our guide to what to do after a car accident.
Should You Accept an Insurance Company’s First Settlement Offer?
Insurance companies may offer settlements before they know the full extent of an injury. Accepting an offer too quickly could leave you without compensation for future treatment, ongoing pain, or permanent limitations.
Before accepting an offer, understand your medical prognosis, potential future needs, and the lasting impact of your injuries. A personal injury attorney can help evaluate whether the proposed settlement adequately addresses your losses.
Frequently Asked Questions
Is there an average pain and suffering settlement for a car accident?
No. No reliable average settlement amount applies to every car accident. Compensation depends on injury severity, recovery time, emotional distress, liability, and available evidence. Each case must be evaluated individually.
Can you claim pain and suffering after a minor car accident?
Yes. Pain and suffering compensation is not limited to catastrophic injuries. Even relatively minor injuries may cause physical discomfort, emotional distress, or disruptions to daily activities. However, you must establish a connection between the accident and your claimed damages.
How long do you have to file a pain and suffering claim in Maine?
For many Maine personal injury claims, the general statute of limitations is six years from the date of the injury. Exceptions and shorter deadlines may apply, so consulting an attorney promptly is important.
Get Help Understanding Your Car Accident Claim
Pain and suffering can be one of the most significant consequences of a car accident, yet it is also one of the most difficult types of damages to evaluate.
At Garmey Law, our Maine motor vehicle accident attorneys understand that every accident and recovery experience is different. We work to understand the full impact of our clients’ injuries and hold negligent parties accountable.
If you’ve been injured in a car accident in Portland or anywhere in Maine, contact Garmey Law to schedule a free consultation and discuss your legal options.