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How is Pain and Suffering Determined in a Car Accident Case? By David Landers If you are pursuing an injury claim after a car accident , most states allow you to include a claim for pain and suffering as part of your damages. If you have been involved in any kind of traffic accident, whether a car accident, truck accident, or motorcycle accident, you will inevitably have to deal with your insurance company as well as the insurance agents of others involved in the accident. How Many Car Accidents Are There in the USA Per Day? Posted in Accident Statistics,Car Accidents on September 18, 2017. The driver who rear-ends the car in front is almost always at fault. 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