Severe injuries from a car crash or other accident don’t just affect you financially. The pain from your injuries can take a severe toll on your quality of life and limit your activities. You might also struggle with anxiety, depression, post-traumatic stress disorder, and other emotional effects that are challenging to quantify but that are real all the same. Pain and suffering damages (compensation) from an Alabama personal injury claim could compensate you for these losses, but recovering them can be an uphill battle.
At Stokes Stemle, LLC, we don’t dismiss your pain and suffering after a collision or other accident. Our car accident attorneys in Montgomery, AL, have a proven record of taking on the insurance companies and winning. Call now or complete our contact form for a free case review, and our team can let you know how we may handle your legal case while you focus on healing. You don’t owe us any fees unless we recover compensation for you.
What Are Pain and Suffering Damages?
Pain and suffering damages are a category of compensation in Alabama personal injury cases, and are meant to cover the physical pain, emotional distress, and overall impact your injuries have on your quality of life. Unlike medical bills or lost wages, these personal injury damages are considered “non-economic,” which means they don’t come with a price tag attached. They’re harder to measure than your car repair bills and other losses with fixed values, but they’re just as valid.
Pain and suffering damages may apply when your injuries cause long-term consequences beyond financial losses. These damages are particularly important after serious accidents, as your recovery may be slow, incomplete, or emotionally draining. Some losses for which you could receive pain and suffering compensation in a personal injury lawsuit include the following:
- Ongoing physical pain and discomfort
- Emotional distress or mental health struggles (like anxiety or depression)
- Loss of enjoyment of life or inability to participate in hobbies
- Sleep disturbances or nightmares related to the accident
- Disruptions to your family life or relationships
- Permanent disfigurement or scarring
- Loss of independence or mobility
- Embarrassment or humiliation from visible injuries or lifestyle changes
How Are Pain and Suffering Damages Calculated in Alabama?
There are two main methods to calculate pain and suffering damages in Alabama personal injury cases. The multiplier method involves adding up your economic losses (such as your medical bills, lost income, and other out-of-pocket costs), then multiplying that total by a number that’s usually between 1.5 and 5. The more severe and lasting your injuries, the higher the multiplier. For example, if you suffered severe injuries that require ongoing treatment and significantly affect your daily life, the multiplier might be 4 or 5.
The other approach is the per diem method, which involves assigning a dollar amount to each day the injured person experienced pain and suffering as a result of the accident. That daily rate might be based on your daily earnings or another value. For instance, if your daily rate is $200 and you experienced pain and suffering for 100 days, your damages would be $20,000. This method works best for injuries with a defined recovery period and is less common for injuries with permanent consequences.
Challenges to Receiving Fair Compensation
Recovering fair compensation for pain and suffering is often difficult. Unlike your medical bills or lost wages, there’s no receipt or exact number to point to. Additionally, insurance companies usually push back hard against these claims because they can significantly increase your overall compensation, which hurts the insurer’s bottom line.
The following are some of the common challenges you may face:
- Subjective Nature of Pain and Suffering – Pain and suffering varies substantially from person to person. What one person considers severe physical discomfort, another may tolerate more easily. This subjectivity makes it harder to measure your losses without strong supporting evidence.
- Lack of Documentation – Without detailed medical records, treatment notes, or personal journals describing your pain, insurers may argue that your suffering isn’t as serious as you claim.
- Insurance Company Tactics – Insurers may downplay your injuries, question your credibility, or try to shift blame to reduce your compensation. They often offer low settlements soon after the accident in the hope you’ll accept less than your case is worth.
- Pre-Existing Conditions – If you had a previous injury or condition, an insurance company might argue that your current symptoms aren’t related to the accident.
- Inconsistent Treatment – Gaps in care or failing to follow your doctor’s advice can hurt your claim and give insurers a reason to offer less compensation.
How to Document Pain and Suffering Effectively
It’s best to start documenting your pain and suffering as soon as possible after an accident. The following are some types of evidence you can use to support your case:
- Keep a Daily Journal – Write down your pain levels, emotional struggles, sleep issues, and how your injuries affect your ability to work, exercise, or enjoy daily life. The more detailed and consistent your journal entries are, the better.
- Follow Your Treatment Plan – Attending every appointment, filling prescriptions promptly, and completing physical therapy shows you’re actively working on your recovery—and that your pain is real and ongoing.
- Save Medical Records and Notes – Doctor’s reports, therapist notes, and diagnostic tests can help support the severity of your physical and emotional symptoms.
- Get Statements from Friends and Family – People close to you can explain how your behavior, mood, or lifestyle has changed since the accident.
- Include Photos or Videos – Images of your injuries during recovery or videos showing how your injuries affect your movement or activities can be powerful evidence.
How Stokes Stemle Can Maximize Pain and Suffering Damages
At Stokes Stemle, LLC, we know how to build a compelling case for pain and suffering damages. We’ll work closely with you to understand how your injuries have affected your life, gather detailed medical records, and help you document your physical injuries, mental anguish, and emotional struggles. We may also consult your doctors, therapists, and other experts to support your claim. Our team will push back against lowball pain and suffering settlement offers and fight to make sure the insurance companies understand the full impact of your injuries.
Acting quickly after a collision or other accident is crucial for recovering compensation for your pain and suffering. Call Stokes Stemle, LLC today or complete our contact form for a free, no-obligation consultation.
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