Pain and Suffering Damages in Indiana Car Accident Cases
When people think about compensation after a car accident, they often focus on tangible losses such as medical bills, lost wages, and vehicle repairs. While these economic damages are important, they rarely tell the whole story. Many accident victims suffer long-lasting physical pain, emotional distress, and disruptions to their daily lives that cannot be measured by receipts or invoices. These losses fall under a category known as pain and suffering damages, also referred to as non-economic damages.
In Indiana car accident cases, pain and suffering damages can make up a significant portion of a personal injury claim. At Lee Cossell & Feagley, LLP, we help injured individuals in Indianapolis understand how these damages work, how they are calculated, and what is required to pursue fair compensation for the full impact of an accident. Call for a professional assessment of your case from an experienced Indianapolis automobile accident lawyer.
What Are Pain and Suffering Damages?
Pain and suffering damages are intended to compensate accident victims for the non-financial consequences of an injury. Unlike medical bills or lost income, these damages address the human cost of an accident: the physical discomfort, emotional turmoil, and loss of enjoyment of life that often follow serious injuries.
In Indiana, pain and suffering damages may include compensation for ongoing physical pain, chronic discomfort, emotional distress, anxiety, depression, sleep disturbances, and the inability to participate in activities that once brought joy or fulfillment. They can also account for the psychological toll of permanent injuries, scarring, or disfigurement.
These damages recognize that an injury affects more than just a person’s finances. It affects their quality of life, relationships, independence, and overall well-being.
Common Types of Non-Economic Damages in Car Accident Cases
Pain and suffering is a broad category that can encompass several types of non-economic harm. In Indiana car accident claims, this often includes physical pain experienced immediately after the crash and ongoing discomfort during recovery or long after medical treatment ends. Severe injuries such as traumatic brain injuries, spinal cord damage, or multiple fractures may result in lifelong pain that significantly alters a person’s daily routine.
Emotional and psychological injuries are also central to pain and suffering claims. Accident victims may experience fear, anxiety, depression, post-traumatic stress, or mood changes, particularly after violent collisions or life-altering injuries. Even individuals who were previously emotionally resilient may struggle with the mental aftermath of a serious crash.
Loss of enjoyment of life is another important component. If an injury prevents you from participating in hobbies, sports, family activities, or career opportunities you once enjoyed, that loss can be considered when calculating damages. In some cases, pain and suffering damages may also account for strain on personal relationships or loss of companionship.
How Pain and Suffering Is Proven
Because pain and suffering damages are subjective, they must be supported by credible evidence. Insurance companies do not simply accept a claimant’s word that they are in pain or emotionally distressed. Instead, these damages are established through a combination of medical records, testimony, and supporting documentation.
Medical records play a critical role. Doctors’ notes describing pain levels, physical limitations, prescribed medications, and ongoing treatment can help demonstrate the severity and duration of an injury. Mental health treatment records, when applicable, can support claims involving anxiety, depression, or trauma.
Testimony from the injured person is also important. Describing how the injury has affected daily life, sleep, work, relationships, and independence helps convey the real impact of the accident. In addition, statements from family members, friends, or coworkers can provide valuable perspectives on changes in behavior, mood, or physical ability since the crash.
How Pain and Suffering Damages Are Calculated
Unlike economic damages, pain and suffering does not come with a fixed formula under Indiana law. Instead, these damages are evaluated on a case-by-case basis, taking into account the nature of the injury and how it affects the individual’s life.
Insurance companies and attorneys often use informal methods to estimate pain and suffering during negotiations. One common approach is the multiplier method, where the victim’s economic damages, such as medical expenses and lost wages, are multiplied by a number reflecting the severity of the injury. Minor injuries may warrant a lower multiplier, while catastrophic or permanent injuries may justify a higher one.
Another approach is the per diem method, which assigns a daily value to the victim’s pain and suffering and multiplies it by the number of days the person is expected to experience those effects. While this method can be useful in some cases, it is not universally applied and may not capture the long-term impact of serious injuries.
Ultimately, if a case goes to trial, a jury has broad discretion to determine what amount fairly compensates the injured person for pain and suffering, based on the evidence presented.
Indiana’s Comparative Fault Rule and Pain and Suffering
Indiana follows a modified comparative fault system. This means that an injured person’s compensation, including pain and suffering damages, may be reduced if they are found partially at fault for the accident. If the injured party is more than 50% responsible, they are barred from recovering damages altogether.
For example, if a jury determines that a claimant suffered $100,000 in total damages, including pain and suffering, but was 20% at fault, the recoverable amount would be reduced to $80,000. Insurance companies frequently try to shift blame to minimize payouts, making it essential to present clear evidence of the other driver’s negligence.
Are There Caps on Pain and Suffering Damages in Indiana?
In most standard car accident cases involving private individuals, Indiana does not impose a general cap on pain and suffering damages. This allows injured victims to pursue compensation that reflects the true severity of their injuries and losses.
However, certain exceptions exist. Claims against government entities may be subject to statutory damage caps under the Indiana Tort Claims Act. Additionally, different rules may apply in medical malpractice cases, which have their own damage limitations. Understanding whether a cap applies requires careful legal analysis of the specific facts and parties involved.
Why Insurance Companies Push Back on Pain and Suffering Claims
Pain and suffering damages are often the most contested part of a car accident claim. Because they are subjective and harder to quantify, insurance companies frequently attempt to minimize or dismiss them altogether. Adjusters may argue that injuries are exaggerated, that emotional distress is unrelated to the accident, or that the claimant has recovered more fully than medical records suggest.
Insurers may also pressure injured individuals to settle early, before the full extent of pain and long-term limitations becomes clear. Accepting a quick settlement can prevent victims from seeking additional compensation later, even if symptoms worsen or permanent impairments emerge.
The Role of an Experienced Personal Injury Attorney
Effectively pursuing pain and suffering damages requires more than submitting medical bills. It involves telling a complete and credible story about how the accident changed your life. An experienced personal injury attorney knows how to gather the right evidence, work with medical and vocational experts, and present a compelling case to insurance companies or a jury.
At Lee Cossell & Feagley, LLP, we take the time to understand how your injuries affect your daily life, your future, and your family. We push back against insurance tactics designed to undervalue non-economic damages and work to secure compensation that reflects the full scope of your losses.
Moving Forward After a Car Accident
Pain and suffering damages exist because injuries are not purely financial events. They are deeply personal experiences that can leave lasting physical and emotional scars. If you’ve been injured in a car accident in Indianapolis or elsewhere in Indiana, understanding your right to pursue these damages is an important step toward recovery.
You do not have to go through this process alone. With the right legal guidance, you can pursue compensation that acknowledges not just your bills, but the real human impact of what you’ve been through.
Contact Lee Cossell & Feagley, LLP
If you or a loved one has been injured in a car accident, the attorneys at Lee Cossell & Feagley, LLP are here to help. We offer free consultations and handle personal injury cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Contact our Indianapolis office today to learn more about your rights and how pain and suffering damages may apply to your car accident claim.
