In most personal-injury cases: yes. In workers’ comp: no (but third-party suits allow it). In no-fault states: only above the tort threshold. Here’s when you can sue, how much you can get, and how to prove it.
Reviewed by Leonard Goldberg, Editor · Last updated
Yes — in most personal-injury cases. Pain and suffering is one of two main categories of non-economic damages (the other being loss of consortium). It’s recoverable in car accidents, slip-and-falls, medical malpractice, dog bites, and most other tort claims where you can prove fault. The two main exceptions are: (1) workers’ comp (no pain-and-suffering in the WC system, but third-party suits may include it) and (2) no-fault states below the tort threshold.
Most adjusters use the multiplier method: medical specials × a factor from 1.5 (minor soft tissue) to 5+ (catastrophic). A $20,000 medical bill with a 2.5 multiplier produces $50,000 in pain and suffering. The per-diem method assigns a daily dollar amount × days of recovery. Run your specific numbers.
Physical pain (acute and chronic), emotional distress, mental anguish, loss of enjoyment of life, sleep disturbance, fear, anxiety, depression, embarrassment from disfigurement, and inability to participate in formerly-enjoyed activities. The broader and better-documented your impact, the higher the multiplier.
Only above the tort threshold. In 12+DC no-fault states (FL, MI, NY, NJ, PA, MA, KY, MN, ND, UT, HI, KS, DC), your own PIP coverage pays medical and lost wages regardless of fault — but you can only sue across a threshold. Examples: NY requires a ‘serious injury’ under CPLR §5102(d) (death, fracture, permanent loss, etc.). FL requires permanent injury / death / significant disfigurement. Full tort-threshold guide.
No — workers’ comp doesn’t compensate pain and suffering. The grand bargain trades unlimited tort recovery for no-fault benefits with no pain-and-suffering component. BUT a parallel third-party suit (against a manufacturer, driver, sub-contractor) DOES allow pain-and-suffering recovery. Catastrophic work injuries routinely combine both. Compare the systems.
Most state caps target med-mal cases (not general PI). California MICRA caps med-mal non-economic at $470K/$650K (2026, rising under AB 35). Texas caps at $250K per provider + $750K max. NY and FL have no med-mal caps. General car-accident pain and suffering is rarely capped — economic damages are uncapped almost everywhere. See all 50-state caps.
Documentation. Medical records showing the diagnosed condition + ongoing complaints. Daily journal of pain levels, activity limits, and emotional impact. Photos of injuries throughout recovery. Testimony from family, friends, employer about your changed life. Treating physician opinion on permanence and prognosis. The single biggest mistake plaintiffs make is undocumenting pain and suffering.
Yes — in specific circumstances. Intentional infliction of emotional distress (IIED) requires extreme + outrageous conduct. Negligent infliction (NIED) usually requires being in the zone of danger or witnessing harm to a close relative. Both are narrower than ordinary pain-and-suffering damages tied to physical injury.
Generally no for physical-injury cases — IRC §104(a)(2) exempts damages for “personal physical injuries or physical sickness.” Emotional distress damages tied to physical injury are also exempt. Taxable exceptions: punitive damages, interest on the award, and emotional-distress-only damages without a physical-injury origin.
For small claims (under ~$10K total) — DIY can work. For anything substantial, hire an attorney. A Martindale-Nolo reader survey found represented claimants received roughly 4× more on average ($77,600 vs $17,600, self-reported). The fee (33⅓% contingency) is typically recouped on substantial cases. How to find one.
23 comprehensive guides covering every part of a personal-injury claim — from accident to settlement check.
Adjuster's formula + worked examples
9 stages from accident to check
Contingency fees, sliding scales
10-step guide for the first 48 hours
9 principles + adjuster-tactic responses
7-section template + sample text
30+ plain-English answers
Every category with burden + value
53.1M+ records, key figures
Median + range for 10 injury types
All 51 jurisdictions × 4 claim types
51 states ranked by max weekly TTD
12 + DC PIP minimums & thresholds
Triggers + state-by-state remedies
All 50 fault rules + citations
6 steps + 12 questions + 7 red flags
8-stage timeline + third-party suits
Formula, scheduled losses, third-party
30+ authoritative gov + bar sources
Side-by-side comparison + 6 scenarios
51-state caps + Gore due-process
50+ legal & insurance terms