You’ve survived a Los Angeles car crash—but the aftermath still haunts you. Whether it’s the unrelenting headaches, difficulty sleeping, or emotional distress, the invisible wounds may linger far longer than broken bones.
Many injured accident victims wonder: Can I file claims for pain and suffering from car crash injuries? The answer is yes—but it’s not always straightforward. Under California law, you may be entitled to non-economic damages for emotional and physical distress caused by a car collision.
Here’s how to protect your rights and pursue the maximum compensation you deserve.
What Are Pain and Suffering Damages?
In legal terms, “pain and suffering” refers to non-economic damages—the emotional and physical hardship resulting from a car accident. Unlike economic damages, such as medical expenses and lost wages, these are more subjective and difficult to quantify.
Examples include:
- Chronic physical pain
- Emotional trauma
- Anxiety or depression
- Sleep disorders
- Loss of enjoyment of life
Chronic widespread pain (CWP) is a lasting condition that affects up to 13% of adults, often following serious trauma like a brain injury or spinal damage. It involves pain across both sides of the body, including the spine, and can severely impact daily life.
For many car crash victims, this type of ongoing discomfort is a key part of their pain and suffering. While not always visible, its effects are real and often long-term. Documenting these symptoms can strengthen a personal injury claim. Under California law, you may be entitled to compensation for this non-visible harm.
Do You Qualify for Pain and Suffering Compensation?
You may qualify for a personal injury claim for pain and suffering if:
- The car crash caused serious physical or emotional harm
- You’ve been diagnosed with injuries such as a traumatic brain injury or soft tissue damage
- You have medical records and a police report to support your case
- Another party’s negligence caused the crash
Under personal injury law, even if your injuries don’t require hospitalization, persistent pain or psychological trauma may still warrant compensation.
Key Factors That Influence Pain and Suffering Compensation
Each case is unique, but several variables determine the value of your personal injury lawsuit:
| Factor | How It Affects Your Claim |
| Severity of Injury | More severe or permanent injuries typically result in higher awards |
| Duration of Recovery | Longer recovery times may indicate prolonged suffering |
| Medical Documentation | Consistent medical records strengthen your claim |
| Impact on Daily Life | Loss of mobility, sleep, or social function can increase damage |
| Mental Health Records | Diagnosed anxiety, PTSD, or depression adds weight to your claim |
How to Document Pain and Suffering Effectively
Insurance companies and courts rely on strong documentation to validate non-economic damages. Here’s what you can do:
- Keep a pain journal – Log your symptoms, emotional state, and limitations daily
- Attend all follow-up appointments – Missed visits can be used against your claim
- Get mental health evaluations – Anxiety or PTSD symptoms should be diagnosed
- Preserve all medical records – From initial ER visits to rehab and therapy notes
- Gather witness statements – Testimony from loved ones about your suffering can help
Can You Sue for Pain and Suffering in California?
Yes, but the statute of limitations applies. In most personal injury cases, you have two years from the date of the car collision to file a personal injury lawsuit. However, exceptions may apply if a government entity is involved.
Also, California follows the comparative negligence rule, which means your compensation could be reduced if you were partially at fault for the accident.
What if the Insurance Company Denies Your Claim?
Insurance companies often attempt to minimize or deny pain and suffering claims. They might label injuries as “minor” or blame pre-existing conditions. If this happens, consult a personal injury lawyer immediately.
You may be dealing with insurance bad faith, which occurs when your auto insurance provider refuses to honor a legitimate claim without a valid reason. A legal professional can help you challenge unfair denials and file an appeal or lawsuit if necessary.
When Pain and Suffering Turn Into a Lifelong Battle
Unfortunately, many injured accident victims suffer from long-term effects such as:
- Traumatic brain injury (TBI)
- Fibromyalgia or chronic pain syndromes
- Cognitive dysfunction or mood disorders
- Reduced capacity to work or enjoy life
If your quality of life has changed due to another party’s negligence, you don’t have to endure it alone. At Brain Injury Help Center, we understand the emotional toll of pain and suffering and the importance of securing medical care and financial justice.
What To Do Next: Take Action Now
If you’re recovering from a Los Angeles car crash and dealing with ongoing pain, emotional trauma, or long-term disability, it’s time to explore your legal options. Here’s what you should do next:
- Contact a qualified attorney to assess your eligibility for non-economic damages
- Request a free consultation to understand your legal rights and next steps
- File your personal injury claim before the statute of limitations expires
- Secure your medical documentation and police report to build a strong case
Why Choose Us?
Our experienced legal team specializes in personal and brain injuries, and we’re committed to helping you recover—physically, emotionally, and financially. We work on a contingency fee basis, so you don’t pay unless we win your case.
If you’re looking for the best personal injury attorney Los Angeles has to offer, our law firm is here to fight for the maximum compensation you deserve.
You Deserve More Than Just Medical Care
Pain and suffering after a car accident aren’t just emotional—they can redefine your entire life. While economic damages may cover medical bills and lost wages, emotional recovery requires justice, empathy, and strong legal support.
If a car crash has impacted you or a loved one, don’t wait. Speak with the best personal injury attorney in Los Angeles today and start your healing process.
Call us for your free consultation now with the Brain Injury Help Center—because your pain deserves to be heard.
