Is there a minimum settlement for pain and suffering caused by an automobile accident?

After a car accident, you might wonder if there is a minimum settlement for pain and suffering so you'll have a better idea of what to expect as far as your car accident damages. The reality is, there really is no minimum settlement amount since every case is different. In fact, in some instances, you may not even be able to get pain and suffering damages. As such, you need to know the rules where you live:

Within the 12 no fault states, you do not recover for pain and suffering for non-serious injuries since you can't sue unless your injuries cross the threshold of seriousness defined by the state law. Instead, you can recover only damages for your lost wages and medical bills and you recover these from your own insurer, regardless of fault, through personal injury protection (PIP).

Within the remaining states, pain and suffering damages are based on the severity of your injury as well, although you can sue for any injury as long as the other person was responsible. Since you can sue for any injury, the insurance company of the responsible driver should include pain and suffering damages in any settlement they offer; otherwise, you might be able to get a better deal by going to court. There are no minimums, though, because the pain and suffering damages are going to solely be based on the level of actual pain you endured. Doing things like keeping a pain journal or a record of your pain and taking pictures of the injuries and their severity can be helpful to maximize your pain and suffering damages.

Before accepting any car accident settlement, you need to understand what the laws of your state entitle you to and what is fair. To do this, you should strongly consider speaking with an experienced attorney for assistance.