Bodily Injury vs. Pain and Suffering

Have you ever wished you could ask a lawyer to explain legal terms in simple language? In this legal glossary series, that’s exactly what the founding partner of our car accident law firm provides. In this article, you’ll learn the differences between bodily injury vs. pain and suffering damages and how they’re related.

What Is Bodily Injury vs. Pain and Suffering?

How Are Bodily Injury and Pain and Suffering Related?

Bodily injury refers to the physical harm victims suffer in an accident. Pain and suffering, caused by bodily injury, can significantly impact a victim’s life, encompassing both the physical pain and the emotional distress—mental anguish—that an injured victim experiences after an accident caused by someone else’s negligence.

Bodily Injury Liability Insurance and Financial Compensation for Pain and Suffering

These terms are commonly used in car accident cases and other types of motor vehicle injury cases. In this context, bodily injury (BI) liability coverage in an auto insurance policy is standard coverage that compensates victims for bodily injury when evidence presented shows you’re at fault. Coverage for bodily injury helps pay for legal fees if you’re sued in a personal injury lawsuit for damages after an accident occurs.

Does Bodily Injury Liability Cover Pain and Suffering?

Yes, bodily injury liability coverage includes pain and suffering compensation. Pain and suffering is a common type of non-economic damage that personal injury claim victims are entitled to in a successful personal injury claim, along with medical bills, medical expenses, lost wages, and other general damages.

Andrew Kryder, Chicago Personal Injury Lawyer, Explains Bodily Injury vs. Pain and Suffering

Meet Andrew Kryder, Esq., founding partner and an experienced personal injury attorney. He’s well-known for breaking down complex legal jargon into language that anyone can understand.

Today, he’ll walk us through the terms “bodily injury” and “pain and suffering,” shedding light on how these terms are related and what they mean for those involved in an accident.

Andy begins, “Some people question whether there’s a difference between bodily injury and pain and suffering. For me, the two concepts…go hand in hand.”

“Bodily injury” pertains to physical harm that injured individuals suffer as a result of an accident. This includes visible bodily injuries (like a broken arm) and non-visible ones (such as internal bleeding). On the other hand, “pain and suffering” refers to both the physical discomfort and severity of emotional distress a person experiences post-accident due to the bodily injury they have received. For example, if the victim has experienced a loss of enjoyment of life after the accident.

Andy shows how the two terms are related, “Pain and suffering originates from the bodily injury that occurred during an accident, [so] there’s not really a distinction between the two.”

How Does the Insurance Company View Bodily Injury and Pain and Suffering?

Insurance companies typically separate these elements of claims, compensating for physical injuries directly with bodily injury coverage, while emotional pain and suffering often requires more negotiation.

“The insurance companies,” Andy explains, “are going to be compensating you for the injury that you sustained in an accident and the pain and suffering that stems from that injury.”

He points out, “It’s very, very hard to divorce the two…concepts. They really do go hand in hand.”

What Other Compensation Might Be Available for Accident Victims?

Andy continues, “Pain and suffering isn’t the only thing that you’re entitled to after an accident. You’re also entitled to other damages such as: lost wages, disability, loss of a normal life, and other things that you can prove in court that happened because of the accident.”

The worth of your case includes many factors. Pain and suffering can be evaluated using one of two methods:

• The per diem method—assigning a daily value to the time the victim suffered
• The multiplier method—multiplying economic damages by a set amount

How Can a Personal Injury Lawyer Help an Accident Victim?

Personal injury refers to the physical or emotional injury that occurs due to the negligence of another party. Because no two accidents are alike, an experienced personal injury attorney from The Kryder Law Group, LLC Accident and Injury Lawyers, can assess your personal injury case, explain your rights in understandable terms, and work diligently to secure the maximum amount you deserve.

“So,” Andy concludes, “if you’re involved in an accident, you really do want to discuss it with an attorney to make sure that you’re making a claim for everything you’re entitled to.”

Schedule your free consultation today to have an experienced lawyer review the evidence provided, evaluate insurance coverage, help prove pain and suffering, and understand property damage liability coverage. Together, we’ll explore your legal options and work to recover compensation for your losses.