How Pain and Suffering is Calculated in Personal Injury Cases

When you’ve suffered an injury, the physical and emotional toll can be overwhelming. Beyond medical expenses and lost wages, you’re likely experiencing other hardships—AKA pain and suffering. Unlike economic damages, which are easy to measure, pain and suffering damages are much harder to assess and prove. At The Sullivan Law Firm, we’re here to help you understand how these damages are calculated and pursue a fair recovery. 

What is Pain and Suffering in Personal Injury Cases?

Pain and suffering represents the physical pain, emotional distress, and mental anguish resulting from an auto accident. While medical damages cover treatment costs, and lost wages account for decreased income, pain and suffering damages compensate for the personal toll the injury has taken on your life, including:

• Physical Pain: This includes the physical discomfort and ongoing pain resulting from your injuries.
• Emotional Distress: Anxiety, depression, and even post-traumatic stress caused by the accident are elements of emotional suffering. 
• Loss of Enjoyment: If your injury affects your ability to enjoy daily activities or hobbies, this loss of quality of life is also considered part of pain and suffering. 

Methods of Calculating Pain and Suffering 

In personal injury cases, calculating pain and suffering requires assessing the subjective nature of your experience. Insurance companies and courts use two main methods: 

The Multiplier Method calculates your total economic damages. This includes things like medical bills and lost wages. These amounts are then multiplied by a number between 1.5 and 5. The multiplier reflects the severity and long-term impact of your injuries.

For example, if you have $20,000 in economic damages and a multiplier of 3 is applied, your pain and suffering compensation could be $60,000. 

The Per Diem Method assigns a daily rate for your pain and suffering. You then multiply this rate by the number of days you have experienced pain and suffering since the injury. 

For instance, if the daily rate is determined to be $150.00, and you’ve been suffering for 180 days, you could receive $27,000.00 in pain and suffering compensation.

Insurance companies tend to favor the multiplier method, especially in claims settled out of court. Courts, on the other hand, may use either method or even a combination, depending on the nature of the case. 

Factors That Influence Pain and Suffering Awards 

Pain and suffering isn’t simply determined by using a formula; other factors are carefully evaluated to arrive at a fair award. Some of these factors include: 

• Severity and Duration of Injuries: The more severe and long-lasting your injuries, the higher the compensation is likely to be. Chronic pain or permanent disabilities are likely to lead to a higher multiplier.
• Impact on Daily Life: If your injuries prevent you from engaging in activities that you once enjoyed, such as spending time with family, participating in hobbies, or even performing daily tasks, this loss is taken into account.
• Pre-existing Conditions: Injuries that worsen existing conditions are also taken into account. They can make recovery more difficult and increase your pain and suffering. 

Challenges in Claiming Pain and Suffering 

Non-economic damages like pain and suffering are inherently challenging to prove. Since they don’t come with bills or receipts, you must rely on other forms of evidence to substantiate your experience: 

• Document Your Experience: Keeping a journal of your pain and suffering can be a strong record of your damages. 
• Medical Testimonies: Medical records and expert testimony provide concrete evidence of the physical and emotional impact of your injuries. 
• Understanding Insurer Tactics: Insurance companies often try to minimize pain and suffering compensation. They may question the extent of your emotional trauma or push for a lower multiplier. Working with a knowledgeable attorney can help counter these tactics and protect your rights. 

How The Sullivan Law Firm Can Help You 

Calculating pain and suffering can be challenging. This is especially true when dealing with insurance adjusters and court systems that may minimize your experience. At The Sullivan Law Firm, we’re committed to helping you secure a settlement that truly reflects your pain, suffering, and ongoing hardship. Contact us today to set up a free consultation.