Can I Sue For Pain and Suffering?


If you have been injured in an accident, you have likely suffered physical injuries, damages to your vehicle or other property, and financial uncertainty. Though compensation from an insurance settlement or personal injury claim can help cover some of these costs, you may discover that it is simply not enough. Unfortunately, insurance companies and some personal injury claims often fail to compensate victims for the pain and suffering that sometimes persists long after the accident. If you are in this position, don’t worry. You are in the right place.

The straightforward answer to this question is yes. If you have been injured in any type of accident, you may be eligible to receive compensation for pain and suffering in addition to what you already receive for injury and damages. However, there are some important criteria that must be met for this to happen.

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Pain and Suffering

What Makes You Eligible?


There are several important factors that come into play when determining eligibility for pain and suffering compensation. Understanding how these relate to pain and suffering is crucial to your case.

  • Severity and permanency of your injuries

If your injuries are extremely serious, they may leave you debilitated or severely disfigured. Consequently, you may be confined to a wheelchair for a significant period of time, live in constant pain, or undergo countless surgeries over an extended period. If you are in this situation, compensation for pain and suffering can help you financially and perhaps physically well into the future.

  • Length of medical treatment

Depending on the seriousness of your injuries, you may require multiple surgeries and procedures over an extended period of time. If your injuries simply will not heal and require time to fix, compensation for pain and suffering can help cover these future costs.

  • Type of medical treatment

Some serious injuries require more expensive and painful treatments and/or surgeries than others. Money from the insurance company or standard personal injury compensation may not be enough to completely pay for very expensive treatments. Because of the severe pain and unusually steep costs you might deal with, pain and suffering compensation can help you cover all of it.

  • How your injuries affect your ability to work and go about everyday life

A serious, debilitating injury may change you forever, and consequently change the way you live your life. These changes may exclude activities you once did, put you out of work, and totally alter your lifestyle. Though compensation for pain and suffering may not restore your ability to perform or participate in some things, it may help you find peace of mind and live comfortably while out of work.

  • Insurance policy limits

Unfortunately, your insurance policy may limit the amount of compensation you can receive from the insurance company. However, if your policy limits are high enough, you can be compensated by the insurance company for pain and suffering if you meet other requirements. If you have been seriously injured in an accident, consult your insurance company to discuss the details of your policy.

  • Amount of lost income

Depending on the extent of your injuries, you may be forced out of work for a time, and perhaps permanently. If this is the case, you may lose out on thousands of dollars in lost wages. A generic settlement can compensate you for lost wages. However, if your losses were extreme, compensation for pain and suffering can help cover the rest.

Why Sue For Pain and Suffering?


After an accident, the unfortunate truth is that the at-fault insurance company wants to pay you as little as possible for your injuries and damages. They will typically offer you a settlement shortly after the accident occurs, hoping that you accept it and move on. However, though this offer may seem generous and sufficient at first, it is probably not enough to cover all of your current and future costs.

If you think you may be eligible for pain and suffering compensation, you have likely sustained injuries that require long-term medical care, force you out of work, are permanently debilitating and/or painful, and completely change the way you live your life. These types of injuries require long-term care, and can be very expensive. That is why we advise you not to accept the first settlement offer from the insurance company. Though their offer may cover initial medical costs, it is likely insufficient to cover future medical care, excessive loss of wages, and the pain and suffering you endure.

If you refuse this initial offer, you may be eligible to receive compensation for pain and suffering. Doing so will help you get the added compensation you need to assist you with any unseen or unpredictable complications that may accompany your injury.

If you believe that you deserve compensation for pain and suffering, contact an Idaho accident attorney right away to help protect you from self-interested insurance companies and get fair compensation for you and your loved ones.

Call An Experienced Idaho Accident Attorney Today


At Hansen Injury Law, we understand that there may be more to your accident than just your initial injuries. The pain and stress you endure from being out of work and kept down by your injuries can produce both physical and psychological damage. Sadly, insurance companies and some personal injury claims don’t compensate you for pain and suffering. That is where we can help.

If you have suffered serious injuries in any type of accident, contact an experienced Idaho accident lawyer at Hansen Injury Law today and schedule a free consultation at our Boise or Meridian office. Let us help you get the extra compensation you need and deserve to ease your pain and suffering.


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