If you have been hurt in a car crash in Virginia, you might be wondering who pays for “pain and suffering” — physical pain, emotional distress, or loss of enjoyment of life. The answer depends on who caused the accident, the type of insurance in place, and whether the injuries meet specific standards.
This article explains in clear, simple language who pays for pain and suffering after an auto accident in Virginia.
What Does “Pain and Suffering” Mean?
Pain and suffering is a category of non-economic damages. Physical pain, ongoing discomfort, emotional trauma, anxiety, depression, and loss of enjoyment of life are all examples of pain and suffering. Because this category of losses is deeply personal and subjective, it does not come with a fixed price tag.
Who Typically Pays for Pain and Suffering?
In most cases in Virginia, the party responsible for pain and suffering is the driver who caused the accident. Their auto liability insurance — specifically their “bodily injury liability” coverage — is the first source of compensation for both economic and non-economic damages, including pain and suffering.
If that driver does not have adequate insurance or lacks insurance entirely, you may rely on your own underinsured/uninsured motorist (UM/UIM) coverage — if you purchased that protection — to cover pain and suffering. Insurance companies sometimes dispute the existence or severity of non-economic damages, making documentation and legal representation important.
Virginia’s Fault-Based System
Virginia has adopted a fault-based system, but drivers can buy optional Medical Payments (MedPay) coverage that pays reasonable medical expenses for you and your passengers regardless of fault. Policyholders choose the limits, and in many cases, benefits can be “stacked” across vehicles on the same policy (subject to the policy terms).
Virginia drivers are required to carry at least the minimum auto liability insurance; however, many serious injury cases require more than the minimum to fully compensate the victim. Additionally, uninsured/underinsured motorist (UM/UIM) coverage may provide protection if the at-fault driver lacks sufficient insurance.
How Is Pain and Suffering Calculated?
Because pain and suffering is intangible, there is no fixed formula for calculating it. Two standard methods are used to estimate a fair award:
Multiplier Method
First, add up your economic damages — like medical expenses and lost wages — then multiply that total by a number commonly between 1.5 and 5. The multiplier depends on injury severity and its impact on your life. For example, if medical bills and lost wages are $20,000, and the multiplier is three, pain and suffering damages might be estimated at $60,000.
Per Diem Method
A daily rate is assigned for your suffering (i.e., a dollar amount per day) and then multiplied by the number of days you suffered. This method can be useful for injuries with a clear recovery period, but may be less adequate for long-term or permanent injuries.
In Virginia, there is no fixed cap on non-economic damages like pain and suffering. That means, in theory, you could recover substantial amounts — as long as you can show convincing evidence of how the injury has affected your life.
What You Must Prove to Recover Compensation for Pain and Suffering
To recover damages for pain and suffering, you typically must show:
- That another driver was at fault for the accident (negligence)
- That you suffered a physical injury (not just property damage or fear)
- Documentation of medical treatment and how the injuries affected your life
- Evidence of how your life has worsened — pain, loss of mobility, emotional distress, limitations on activities, etc.
If your injury is minor, insurers may push back or offer a low settlement for your pain and suffering. For more serious injuries — permanent damage, chronic pain, or long recovery — compensation for pain and suffering is more likely to be higher.
Contact The Parrish Car Accident & Personal Injury Law Firm Today for a Free Consultation With a Fairfax Car Accident Lawyer
If someone else’s negligence resulted in a car accident and you suffered physical injuries that affected your life, then the at-fault driver (or their insurer) should pay for more than just medical bills or car repairs. They should compensate you for the pain, emotional distress, disruption to your life, and any long-term consequences the accident has created.
Our Fairfax car accident attorneys can help you fight to recover the full extent of your damages, including pain and suffering. Call The Parrish Car Accident & Personal Injury Law Firm Today at (571) 200-5424 for a free consultation.
