Thank you for your question. I am a different contributor and look forward to working with you to provide you the information you are seeking for educational purposes only.
If this is NOT a workers compensation
claim and the party you are seeking damages from is not your employer, then it is a tort claim for which pain and suffering is available, regardless of what they are saying.
Of course, no defendant wants to pay for pain and suffering, but the laws provide you are entitled to it and if they are refusing to pay any pain and suffering then you have to file a civil suit against them for damages and not settle the suit with them as they are trying to bully you to do.
Pain and suffering is calculated in general (insurers have expensive computer programs to try to calculate this, but this method comes reasonably close to their programs) as a factor of your total damages. In other words, you add together your total medical (paid by insurance or not) and your total other actual losses (lost wages
etc), this is your TOTAL ACTUAL DAMAGES (TAD).
Pain and suffering is then added to your TAD and is calculated generally as 0.5 times to 3 times that amount for minor injury, 4-7 times for moderate injury and 8-10 times the TAD for severe injury. Once you calculate your pain and suffering it is added to your TAD to determine your TOTAL CASE VALUE.
You have to include everything your insurer paid for medical, because out of your settlement, your insurer is entitled to recover anything they paid for your treatment that was the fault of someone else.