In almost all cases, the person responsible for the accident (the “tortfeasor”) will pay for your pain and suffering. An amount for pain and suffering is a part of the settlement or, if the case goes to trial, a part of the judgment.
If the tortfeasor does not have insurance or does not have enough insurance to pay for all of your pain and suffering damages, those damages would be paid through the uninsured/underinsured motorist coverage of your policy. That is why it is so important to have as much UM/UIM coverage on your auto policy as possible. (Your UM/UIM coverage cannot be greater than the amount of your liability coverage.)
There is no exact formula to determine the amount of your pain and suffering damages. Generally speaking, however, it is based, in part, on the amount of your injuries and medical bills.