Pain and suffering. I am entitled to this type of compensation?

Pain and suffering is a type of damage that you can claim in the case of bodily injury. The injury must exist. If you are in a car accident, but there is no injury then there would not be compensation for pain and suffering.

In addition, the injury must be caused by someone else’s negligence. If you cause the accident, then you cannot claim pain and suffering against any insurance company. However, any passenger can make this claim against the negligent driver. There are no exceptions for spouses and/or children. They are also entitled to make this claim.

Pain and suffering is perhaps on of the most subjective subjects and therefore one of the most litigated. Insurance adjusters want to pay you close to nothing for you pain. Soft tissue injuries are particularly hard to evaluate since there is no concrete injury to evaluate. Insurance adjusters are at the defensive with this type of claim because anyone can claim lower back pain, not everyone can claim broken bones.

If you are considering making a claim for pain and suffering for a soft tissue injury, consider talking to an attorney first.