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Do Insurance Companies Automatically Pay for Pain and Suffering?

Nov 8, 2021

After a serious accident resulting in injuries that wasn’t your fault, you could be owed compensation from the at-fault party’s insurer. Most medical expenses, lost income, and other financial losses could be included in that compensation.

But what about all the non-financial costs you’ve suffered, like physical pain, mental stress, and emotional suffering? These types of damages are called non-economic damages, and they can also be included in the compensation you seek when filing an injury claim or a lawsuit.

However, don’t expect an insurance company to automatically offer you fair compensation for non-economic damages like pain and suffering.

Insurance Companies Often Fail to Offer Fair Settlements

Even when an injured person demands payment for only their economic damages, it should never be assumed that the insurance company will make a fair offer. Insurance companies are businesses, and whenever they can get away with offering less than an injured person deserves, they’re making profit.

So, an insurance company will be reluctant to make a satisfactory offer for any damages, but especially for non-economic damages, partly because it’s harder to prove what is “fair.”

To get the full compensation you’re entitled to, you’ll likely need to push back against the insurance company. That’s why personal injury lawyers are so valuable to injury victims; they take on the work of dealing with insurers and fight for maximum compensation for your pain and suffering.

When Your Claim Should Include Non-Economic Damages

If your claim to the insurance company after a car crash or other accident doesn’t involve a physical injury, then you likely won’t be eligible for pain and suffering compensation. Non-economic damages are almost always associated with claims that involve serious, debilitating injuries.

But when someone files a claim involving serious injuries without factoring in how much they deserve in pain and suffering, they’re doing themselves a disservice. That’s because pain and suffering are often some of the devastating aspects of an accident and injury. And despite the label non-economic damages, these damages can have a very real financial impact.

Post-traumatic stress disorder, anxiety, and depression are all considered non-economic damages, and they can all pose a real and serious economic burden on the sufferer. When you suffer from these conditions, you’ll likely struggle to function like you did before the accident, whether in your personal life or at work.

Pain and suffering can curb your earning potential at work, lead to other serious long-term health conditions, and affect your quality of life. It’s a mistake to think of non-economic damages like pain and suffering without thinking of the real cost to you, and whether you’ll be fully compensated without them.

How Are Non-Economic Damages Determined?

Calculating the financial costs of a serious injury can be complex, even with medical bills and pay stubs to back up an injured person’s claim. Non-economic damages are even more difficult to calculate.

Because pain, suffering, and other non-economic damages are more subjective, they require a knowledge of injury claims and the law to make an effective case for compensation.

Attorneys rely on legal precedence, experience, and evidence to make a case for non-economic damages. They often talk extensively with their clients and their clients’ families and other loved ones to determine the extent of the pain and suffering they’ve endured, and how much to demand in compensation.

At Fieger Law, We Fight for Maximum Compensation

The Detroit personal injury lawyers at Fieger Law help injury victims across the U.S. fight for maximum compensation, including non-economic damages like pain and suffering. If you need to speak with a lawyer at no cost, simply contact our team today to schedule a free, no-obligation consultation.