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Understanding Pain and Suffering In a Personal Injury Case

Robert Stahle • October 22, 2019
A man with crutches is talking to a woman and a man with a neck brace.

Most people are familiar with the term “pain and suffering” yet have only a vague idea of what it really means. We often hear it referred to in relation to personal injury cases, and as a result, tend to think of the two as being synonymous with each other. This isn’t exactly the case.

Pain and suffering is a key component of a personal injury claim , and refers to the financial compensation that a person seeks to recover the damages they suffered due to an accident or bodily harm that occurred due to someone else’s negligence. It’s part of the compensation that is sought in personal injury claims and is calculated based on several different factors.


When Are Damages for Pain and Suffering Awarded?

If you’ve suffered an injury at the hands of someone else’s negligence, you might be dealing with mountains of medical bills, or outrageous insurance deductibles. Personal injury claims offer the chance to recover from this enormous financial setback.

However, medical bills aren’t the only “damages” incurred during a personal injury case. There’s also the loss of work, or the ability to care for your family. You might also suffer emotionally from worry, grief, depression, or other emotional setbacks. Pain and suffering is intended to compensate the victim in a personal injury case for the things that are more difficult to attach a specific monetary amount to.


The Challenges of Pain and Suffering

Most people who file a personal injury claim ask to be rewarded for pain and suffering. Asking for it is common but establishing that it’s deserved, and in what amount, is a much more complex issue. Because pain and suffering can include compensation for past, present, and future loss, determining the amount that should be awarded is sometimes difficult.

In personal injury law, no two cases are exactly the same, and therefore there isn’t a standard amount that’s awarded for pain and suffering. The specifics of each case, and how the incident affected the injured party are looked at closely when determining if, and how much pain and suffering compensation should be awarded.

When a judge evaluates your case for pain and suffering, they’ll look at the extent of your injury, the amount of medical debt you’ve amassed, testimony from medical experts, how the injury affects your life, and what impact your injury will have on your future earning potential and quality of life.


Recover the Pain and Suffering Damages Your Deserve

It’s an unfortunate fact that not all personal injury victims recover the damages they deserve. The most effective way of ensuring you’re rightfully and fairly compensated is to work with an attorney who is experienced in personal injury law. We’re a team of experienced attorneys who will fight to make sure you’re compensated fully for the pain and suffering you’ve endured. Contact Fitch & Stahl Law Office for consultation on your case.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.