Can I Get "Pain and Suffering" for "Minor" Car Accident Injuries?

Even when your car accident injuries might be defined as "minor," the effects of the accident are often anything but. Mental and physical "pain and suffering"—resulting from car accident injuries and necessary medical treatment—is a part of most injury claimants' experience, regardless of the severity of the crash. But proving the nature and extent of "pain and suffering" can be difficult when car accident injuries are seemingly minor.

What Are "Minor" Car Accident Injuries?

The term is pretty subjective, but in general "minor" car accident injuries might be defined as those that don't involve broken bones; don't affect the head, brain, or back; don't result in any kind of temporary or permanent disability; and don't require significant medical treatment.

Some examples of "minor" car accident injuries might include:

• cuts, scrapes, and bruises
• certain "soft tissue" injuries, including whiplash-type injuries
• minor joint sprains and strains (of knees, elbows, and shoulders), and
• minor muscle pulls and strains.

What Is "Pain and Suffering" in a Car Accident Case?

In the context of a car accident case, pain and suffering is a component of the claimant's compensable losses ("damages" in the language of the law) that typically encompasses any kind of physical discomfort and mental/emotional suffering associated with:

• the car accident itself
• the injuries resulting from the accident
• the medical treatment necessary to treat those injuries, and
• the day to day impact of the accident and the injuries on the claimant's life.

For example, if a driver was severely burned in a car accident, any car insurance claim or lawsuit they file would probably seek "pain and suffering" compensation for:

• the agony of enduring the burn itself
• the discomfort and pain caused by necessary medical treatment
• anxiety, stress, and sleeplessness linked to the accident and injuries
• limitations on the claimant's lifestyle resulting from their injuries, and
• stress and limitations associated with being permanently scarred or disfigured.

Is Pain and Suffering Part of a Claim for Minor Car Accident Injuries?

The short answer here is yes. It might not always be as easy to establish or prove the extent of your pain and suffering if the accident and resulting injuries were seemingly minor (we'll cover the proof aspect later on). But beyond categorization of the accident itself, even if your car accident injuries are considered "minor," there will almost always be a "pain and suffering" component of any car accident settlement offer you receive.

Example of "Pain and Suffering" for Minor Car Accident Injuries

So for example, if you suffered a mild knee sprain in the accident, only incurred $1,250 in medical bills, missed no time at work, and made a full (pain and limitation-free) recovery in two weeks, the car insurance adjuster might offer you an injury settlement of $3,000, which could include:

• $1,250 to cover your medical bills (these might be referred to as "special damages"), and
• $1,750 to cover your pain and suffering (this part may also be referred to as "general damages").

Learn more about how pain and suffering is calculated in a car accident case.

Proving "Pain and Suffering" for Minor Car Accident Injuries

Whether you're filing a car insurance claim or a car accident lawsuit, it's not usually a good strategy to just pull a "pain and suffering" figure out of thin air and leave it at that, even if your injuries were pretty minor.

While your medical bills, lost income, and other financial losses are fairly easy to quantify with car accident-related records, your pain and suffering claim is largely a story that you, as the claimant, need to tell yourself. That means conveying the most detailed, convincing, and complete answers to the following key questions:

• What did you experience during the accident, and in the following days, physically and mentally?
• How have your injuries impacted your life?
• What's different now, post-accident, in terms of how you feel, and what you're unable to do?

All of these effects and more should be described in detail, so that the insurance adjuster or the court gets a fully-realized, personal picture of your pain and suffering in the wake of the accident. It's crucial to capture physical pain and discomfort, but it's equally important to convey other impacts: if you're having trouble sleeping, experiencing anxiety, feeling depressed, or anything else that could be traced to the accident and your injuries.

You might even want to keep a car accident journal, in which you document the effects of your injuries on your life, and describe any other adverse effects of the accident. You can include this kind of journal along with any demand letter you send to the insurance company or to the other driver's lawyer, or use it to help make your court case if you file a car accident lawsuit.

Should I Make a Car Accident Claim for Minor Injuries?

Before pursuing any car accident claim, it's worth considering the seriousness of your injuries and other losses caused by the accident, in light of the time and effort it will take to make a claim. Dealing with a car insurance company can be a hassle, especially if it's the other driver's carrier and things start to get adversarial. If your injuries are limited to a few bruises, or a slightly sprained ankle, an injury claim might not be worth the hassle.

But as we've touched on elsewhere, a seemingly "minor" car accident can result in significant injuries, and can have a serious impact on your life. If you've got significant medical bills and your life has been adversely affected by the accident, there is no question that making a claim is the right move.

What Should I Do First After a Minor Car Accident?

The first thing to do after a car accident, however minor, is report the crash to your car insurance company. Depending on the kind of insurance coverage you have, and the circumstances of the crash, you might end up filing a claim with:

• your own insurer
• the other driver's insurer (this is called a "third party" claim), or
• both insurance companies (i.e. one claim for vehicle damage, the other for injury).

Your insurance company can help you get the claim process started, either over the phone or by directing you to an online claim-filing system or app. And if you need to make a third party claim with the other driver's insurer, your insurance company will usually help you get that process started too.

Once a claim is filed, the insurance company will begin its investigation of the accident and the claimed losses. With injury claims, that means figuring out how the accident happened, who or what caused the crash, the nature and extent of the claimant's injuries, and more. Learn how the insurance company investigates a car accident.

Do I Need a Lawyer If I'm Making a Claim for Minor Car Accident Injuries?

You don't necessarily need a lawyer's help if you're making a car insurance claim for minor injuries. Especially if it's clear that the other driver was at fault, and their insurance company isn't putting up much of a fight when it comes to the legitimacy of your injuries, it might make sense to handle the car accident claim yourself and hopefully come away with a fair settlement.

But if you're not all that comfortable with the claim process, or if you'd just like to hand things off to a legal professional, it might be a good idea to at least discuss your situation (and your options) with a lawyer. Even if your car accident injuries were minor, a lawyer may feel that your case is worth pursuing. Learn more about how an attorney can help with your car accident case, and understand how car accident lawyers get paid.