When you’re injured in an accident, the physical damage is often just the beginning. Pain lingers, routines are disrupted, and emotional scars, like anxiety, depression, and fear-can last long after the bruises heal. Yet, insurance companies routinely try to minimize or dismiss these non-economic damages, especially pain and suffering.
At Colvin Accident Lawyers, we’ve seen this tactic time and time again: insurers offering pennies for what clients have endured emotionally and physically. This blog will shed light on how insurance companies undervalue pain and suffering, and more importantly, how we fight back to get our clients every dollar they deserve.
Pain and suffering refer to the non-economic damages you experience after an injury. These include:
Unlike medical bills or lost wages, pain and suffering don’t come with receipts-but that doesn’t mean they aren’t real or valuable.
Insurance companies are businesses. Their goal is simple: pay as little as possible on every claim. Here’s how they do it:
Many insurers rely on software like Colossus to assign dollar values to your suffering. These programs are rigid, impersonal, and designed to favor the insurance company, not the injured person. They reduce your experience to a line item, ignoring context or nuance.
If you didn’t go to the ER immediately, or there’s a gap in your treatment, they’ll argue your injuries weren’t serious. If your injuries aren’t visible (like whiplash or PTSD), they may outright deny the emotional impact.
Insurance adjusters will comb through your medical records, looking for anything to downplay your injuries or suggest you had pre-existing conditions. If pain isn’t clearly documented, they’ll argue it doesn’t exist.
They know you’re stressed. So they’ll offer a fast payout-often far less than you deserve, before you fully understand your long-term pain or legal rights. Once you accept, you can’t go back.
Even a simple statement like “I’m feeling better” can be twisted to suggest your pain was minimal. That’s why we always tell clients: never speak to the insurance company without a lawyer.
At Colvin Accident Lawyers, we don’t let insurance companies devalue our clients’ pain. Here’s how we push back:
We go beyond medical records. We work with our clients to understand how the injury changed their lives, from sleepless nights to missed family milestones. We document it all.
We bring in pain specialists, psychologists, therapists, and life care planners to provide expert opinions that support your claim. These professionals validate and explain the impact of your suffering in ways insurance companies can’t ignore.
Our attorneys cite previous settlements and verdicts in Bakersfield and throughout California that match your circumstances. We show insurance companies what juries have awarded in similar cases-and we’re not afraid to go to trial.
Even if your case settles, we prepare every claim as if we’re heading to trial. That seriousness forces insurance companies to come to the table with real offers.
We don’t accept pennies on the dollar. If the offer doesn’t reflect your pain and suffering, we push back hard. Your story deserves to be heard and compensated fairly.
A Bakersfield mother suffered a moderate spinal injury in a rear-end collision. Her medical bills totaled $18,000, but her life was turned upside down. She could no longer pick up her child, experienced ongoing nerve pain, and developed anxiety about driving.
The insurer initially offered $22,000 total-barely covering her bills. We demanded $150,000, arguing the emotional and physical toll on her family life and mental health. After extensive negotiation and presentation of expert testimony, the case settled for $138,000-a result that gave her breathing room to heal.
Pain and suffering is real, and it matters. Don’t let an insurance company decide what your suffering is worth.
At Colvin Accident Lawyers, we’ve stood beside Bakersfield families for more than 15 years, helping them reclaim their lives after devastating injuries. If you’ve been hurt-physically, emotionally, or both-we’re here to fight for you. Contact us today.
There’s no fixed formula, but common methods include:
At Colvin Accident Lawyers, we combine both with real-life impact narratives and expert support.
In most cases, physical injury is the foundation of a personal injury claim. However, emotional distress like PTSD may be compensable even when physical injuries are minor, especially in cases involving children, assault, or extreme negligence.
You have 2 years from the date of the injury to file a personal injury claim, including pain and suffering damages. Don’t wait-evidence fades.
Unfortunately, once you accept a settlement, you typically cannot reopen the case-even if your pain worsens. That’s why it’s crucial to speak to a lawyer before signing anything.
Most cases settle out of court, especially when you have a strong attorney. But we prepare every case as if it’s going to trial-because that’s how we get insurance companies to take your suffering seriously.
If you’re tired of being brushed aside, minimized, or offered less than you deserve, let us help. At Colvin Accident Lawyers, we treat every client like family-because we are a family firm.
We’ll stand with you, tell your story, and fight for the full justice you deserve. Call us today for a free consultation. No fee unless we win.
Free Case Evaluation