Pain and suffering refers to the physical discomfort and emotional distress a person experiences as a result of an injury. It is considered a type of non-economic damage in a personal injury case, meaning it doesn’t have a clear dollar value like medical bills or lost wages. Still, it plays a major role in determining total compensation.
What Is Considered Pain and Suffering?
Pain and suffering includes a broad range of physical and emotional effects such as:
- Chronic physical pain
- Discomfort during recovery or treatment
- Mental health struggles like depression or anxiety
- Loss of enjoyment of daily activities
- Sleep issues or PTSD
Unlike financial losses, these damages affect the victim’s quality of life. They are harder to measure but just as real.
Methods Used to Calculate Pain and Suffering
There is no universal formula, but insurers and courts often use one of two main methods:
1. Multiplier Method
This method takes the total of your economic damages, like medical bills and lost income, and multiplies that figure by a number between 1.5 and 5. The more severe and long-lasting the injury, the higher the multiplier.
Example:
If your medical bills and lost wages total $40,000 and the multiplier is 3, pain and suffering would be valued at $120,000.
2. Per Diem Method
This method assigns a daily dollar value to your suffering and multiplies it by the number of days you’ve experienced pain.
Example:
If your pain is valued at $200 per day and you suffered for 180 days, the total would be $36,000.
While insurers may suggest lower figures, an experienced personal injury lawyer will push for a number that reflects the true impact on your life.
Factors That Influence Pain and Suffering Compensation
Several factors are used to evaluate pain and suffering, including:
- Severity of injuries: Fractures, head trauma, and spinal injuries result in higher compensation than sprains or bruises.
- Length of recovery: Longer recoveries indicate greater disruption and discomfort.
- Impact on lifestyle: If you can no longer participate in sports, hobbies, or daily routines, the value increases.
- Mental health treatment: Counseling, therapy, or medications for depression or anxiety support emotional distress claims.
- Medical documentation: Notes from doctors that mention pain levels, physical limitations, or mental distress are critical.
- Testimony: Statements from you, your family, or medical professionals help explain how the injury affected your well-being.
Common Mistakes That Lower Pain and Suffering Awards
- Failing to seek medical help promptly
- Skipping follow-up appointments
- Downplaying symptoms in conversations or social media
- Not keeping a pain journal
These mistakes allow insurers to argue that your injuries were minor or your suffering was short-lived. To avoid this, follow medical advice closely and maintain documentation.
How Insurance Companies View Pain and Suffering
Insurance adjusters look for ways to minimize the value of pain and suffering. They may:
- Claim your pain is not severe based on your type of injury
- Use prior medical history to reduce current claims
- Monitor your social media for evidence that contradicts your report
This is why early legal representation is so important. A skilled attorney will document your experience and ensure that insurers don’t undervalue your suffering.
When Legal Help Becomes Essential
If you're unsure how to value your pain and suffering, or the insurance company offers a low settlement, reach out to a personal injury lawyer. Your attorney can use case history, expert witnesses, and legal strategy to secure a more accurate valuation.
For more tools, case studies, and guidance, review Avian Law Group’s legal resources. These materials explain your rights and show how other clients have successfully claimed both economic and non-economic damages.
Frequently Asked Questions
Can I receive pain and suffering compensation without physical injuries?
In most cases, physical injury is required. However, emotional distress caused by events such as witnessing a traumatic accident may be compensable in some states under certain circumstances.
Is there a cap on pain and suffering?
Some states place legal limits on the amount you can claim for non-economic damages. These limits often apply in medical malpractice cases but may extend to other injury types depending on local laws.
What proof do I need?
Evidence may include:
- Medical records
- Prescription history
- Mental health evaluations
- Testimony from doctors or therapists
- Personal journals or daily logs of pain levels and emotional impact
Final Thought
Pain and suffering damages exist to compensate you for the human cost of your injury, things that can’t be measured in invoices or receipts. Calculating these damages fairly requires careful documentation, smart legal strategy, and strong evidence. If you're injured and unsure how your suffering should be valued, seek legal support to avoid settling for less than your experience warrants.
Michael Avanesian, the founder and driving force behind Avian Law Group, is a passionate and dedicated attorney with a strong background in personal injury law. As a partner at JT Legal Group, Michael led the growth of the personal injury practice from a single employee to a team of over ninety professionals, securing over $2 billion in settlements for clients in just three years.
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