What is a Fair Settlement for Pain and Suffering?

10% of all vehicles involved in a fatal accident are trucks. In 2019 alone, 5,005 large trucks were involved in a deadly crash. Truck accidents can change the lives of everyone involved. From minor accidents where only cargo is damaged to life-altering injuries that last long after the accident, these are serious matters that need to be handled carefully. That is where a truck accident attorney can step in to help guide you through the process from start to finish. Partnering with a personal injury lawyer and using a semi truck accident settlement calculator can set you up to get everything you are entitled to after an accident. 

Anyone injured due to another party’s actions has the right to seek payment for pain and suffering. Determining the average or fair amount of a settlement for pain and suffering is not easy to nail down as it can vary depending on several factors. The first step is understanding what qualifies as pain and suffering.

How to Prove Pain and Suffering

Pain and suffering refers to the physical discomfort and/or the emotional and psychological distress a person may experience from a personal injury. This can be applied to any bodily injury or other forms of distress like anxiety, trauma, or shame. The tricky part of assigning dollar amounts to these settlements is that the mental health or psychological impacts of truck accidents are more abstract than a broken arm or leg. To further express the complexity of these cases, the state of  Indiana distinguishes between general pain and suffering  and mental issues that require therapy.

Pain and suffering payouts are typically sought after if the person has experienced severe distress resulting from an accident. We will explore more types of harm and losses that could qualify for a pain and suffering case later on in this piece.

How do you Calculate the Cost of Pain and Suffering?

It can be challenging to place a dollar amount on the physical and emotional toll caused by a truck accident. However, the injured party needs paid accordingly so they may resume their life. So how can we accurately calculate the cost of a person’s pain and suffering? To find the average amount on this type of settlement hinges on factors like the type of injury sustained, which state the accident took place in, and other factors related to the injury. There are plenty of free pain and suffering compensation calculators online that can help in giving you a general estimate for how much you may be able to get from a settlement. However, to get the most accurate idea, contacting a legal team specializing in your specific injury is the best way to begin your case. Here are just some of the ways appropriate compensation can be calculated:

  • How your current job or future employment will be impacted by the harm caused from the accident
  • The costs of physical and mental health therapy
  • If lifelong medication will be required after the accident
  • Additional medical treatments that occur

Some states have laws that place caps on the amount of money someone can receive from pain and suffering damages. Luckily for Indiana residents, there is no law limiting the payout for pain and suffering – unless the case is against the state. As mentioned above, it is challenging to calculate average payouts for these cases. 

To help better understand pain and suffering claims, we have compiled a list of what could qualify for a pain and suffering case. It is broken down into two sections, physical and emotional pain or suffering.


  • Brain injury
  • Neck and back pain

Nerve damage

  • Internal organ damage
  • Pulled, torn, or sprained muscles
  • Paralysis


  • Insomnia
  • Grief
  • Cognitive changes 
  • Decrease in quality of life
  • PTSD

Every personal injury case is different. What might seem like irrelevant elements to your case could result in you missing out on tens of thousands of dollars. Connecting with a qualified legal professional will set you up with the best opportunity to get a fair settlement amount. 

Broadwing Legal: Your Trusted Legal Team

Our team at Broadwing legal has over a decade of experience working with truck accident cases and understands the nuances that can make all of the difference in settlement amounts. We work day and night to ensure that our clients are awarded the payout they rightfully deserve. Contact us 24/7 to schedule your free consultation and get what you are owed.

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