How Is Pain and Suffering Calculated?

Understanding how pain and suffering damages are assessed in legal cases can seem complex, but it’s an important concept to understand if you’re filing a lawsuit. If you don’t know how much you’re entitled to, there’s no way to make sure you are accepting a reasonable settlement offer and aren’t leaving money on the table.

An experienced attorney can help you navigate this process and ensure you receive fair compensation for your pain and suffering. Reach out to Rosenfeld Injury Lawyers today to learn more about what you may be entitled to.

What Is Pain and Suffering?

Pain and suffering refers to the physical discomfort and emotional distress that a person experiences following an injury. Beyond the immediate physical pain, it can also include long-term effects like ongoing aches, chronic pain, anxiety, or depression.

This part of a personal injury case reflects the non-economic damages that impact a victim’s daily life and well-being.

When you endure pain and suffering, it can affect your ability to perform everyday activities, from working and running errands to enjoying hobbies and spending time with loved ones. The distress can also take a toll on your mental health, influencing your mood and outlook on life.

These experiences are personal and real, impacting every aspect of your existence, which is why it’s essential to consider them when seeking compensation in a legal case.

Types of Pain and Suffering in a Personal Injury Claim

Understanding the distinction between physical pain and emotional suffering is helpful for victims filing a claim. It’s important to consider both elements when seeking compensation through a personal injury claim, as they each affect your life in meaningful ways.

Physical Pain and Suffering

Physical pain is often what first comes to mind. It includes the immediate discomfort from injuries, as well as any long-term problems that may arise. Chronic pain, mobility issues, or the need for ongoing medical treatment all fall into this category.

These physical challenges can disrupt your daily routine, making it difficult to work or engage in activities you enjoyed before the injury.

Emotional Pain and Suffering

Emotional pain and suffering, while less visible, are just as impactful. Experiencing an injury can lead to feelings of fear, anxiety, or depression, affecting your mental health and overall happiness.

It’s not uncommon for individuals to find themselves struggling with negative emotions as they recover, making it hard to enjoy life’s simple pleasures or maintain relationships. Part of emotional distress may include a diagnosis of post-traumatic stress disorder or depression and anxiety.

The best way to determine what you’re entitled to in pain and suffering damages is to speak with an experienced attorney. Contact Rosenfeld Injury Lawyers today to discuss your pain and suffering claim.

How Are Pain and Suffering Damages Calculated?

Calculating pain and suffering damages in personal injury claims is a nuanced process that requires careful evaluation. It involves assigning a monetary value to the physical pain and emotional suffering endured due to an injury.

There are two primary methods used to calculate these damages: the Multiplier Method and the Per Diem Method. Understanding these approaches is essential for anyone involved in a personal injury case.

The Multiplier Method

The Multiplier Method is a widely used approach to calculate pain and suffering damages. This method involves taking the actual economic damages—such as medical bills, property damage, and lost wages—and multiplying them by a number, usually ranging from 1.5 to 5.

The choice of multiplier depends on the severity of the physical injuries and the impact on daily life, with a lower number being chosen for less severe injuries and a higher number being chosen for more severe ones.

An experienced personal injury attorney can help determine the appropriate multiplier to reflect the emotional distress, mental anguish, and physical pain experienced by the injured party. Severe injuries like broken bones or mobility issues often justify a higher multiplier due to the significant disruption they cause.

For example, an individual incurs $10,000 in medical bills and loses $5,000 in wages due to a car accident. If the injuries are deemed severe, with ongoing pain and significant lifestyle disruption, an attorney might suggest a multiplier of 4. Using the multiplier method, the economic damages—$15,000—would be multiplied by the 4, totaling $60,000.

In this example, the total compensation for pain and suffering would amount to $60,000, reflecting the considerable impact of the injury on the individual’s life.

The Per Diem Method

The Per Diem Method calculates pain and suffering damages by assigning a specific dollar amount to each day from the time of the accident until the injured person reaches maximum recovery. This approach turns the suffering into a daily monetary value, making it simpler to quantify.

However, the subjective nature of assigning a daily rate can also be complicated. An experienced attorney can assist in determining a fair per diem rate, taking into account the intensity of the physical pain, emotional pain, and mental suffering endured.

For instance, consider an individual who suffers a moderate injury in an accident and requires 180 days to reach maximum recovery. If the attorney determines a reasonable per diem rate of $200 based on the severity of the pain and suffering, that would be multiplied by the 180 days, for pain and suffering of $36,000.

In personal injury cases, both methods are used to try and argue for appropriate compensation for non-economic damages, ensuring the pain and suffering claim accurately reflects the victim’s experiences.

Whether using the Multiplier Method or the Per Diem Method, working with experienced Chicago personal injury lawyers is essential to navigate settlement negotiations and secure an adequate pain and suffering settlement.

Factors That Influence Pain and Suffering Damages

Understanding the different factors influencing pain and suffering damages is crucial in personal injury claims. These factors help calculate how much compensation a person might seek through their injury claim and often include the following:

Severity of Injury

The severity of the injury plays a significant role in determining the amount of compensation for suffering.

Serious injuries such as facial scarring, severe muscle strains, soft tissue injuries, or loss of mobility usually result in higher damages because of the profound impact they have on daily life. The more intense and long-lasting the physical injury, the higher the potential suffering awards.

Long-Term Impact

In cases where injuries result in long-term or permanent conditions, future pain becomes a critical consideration. Conditions like post-traumatic stress disorder, the need for ongoing medical treatment, and significant mental anguish can significantly increase suffering damages.

Pre-existing Conditions

Pre-existing conditions can affect how suffering damages are calculated. Insurance adjusters might argue that some of the pain was due to these conditions instead of the injury in question. However, experienced attorneys will skillfully navigate these circumstances to ensure suffering claims are accurately valued, taking into account any exacerbation of a pre-existing condition.

Insurance and State Caps

The insurance company’s policies and state-specific legal on non-economic damages can influence the final suffering awards. Insurance adjusters and company policies might impose limits on how much pain and suffering can be compensated, while state laws can set maximum amounts for suffering compensation..

Economic Damages

While pain and suffering are non-economic damages, economic losses such as medical bills, lost wages, property damages, and other out-of-pocket expenses also factor into suffering compensation. These economic damages are often used to help calculate non-economic damages in pain and suffering claims.

Navigating these factors effectively requires comprehensive records of medical care, proof of emotional distress, and detailed injury documentation.

Evidence to Support a Pain and Suffering Claim

Gathering strong evidence is crucial to substantiate a pain and suffering claim. This evidence creates a compelling narrative that justifies the compensation amount sought. Here are some ways this is done:

• Detailed Medical Records: These include doctor’s notes, treatment plans, and documented medical expenses that explain the injury’s impact on your life.
• Photographic and Video Evidence: Images or recordings of visible injuries, like a facial scar, can illustrate your experience.
• Witness Statements: Testimonies from those who have seen the effects of your injuries can lend credibility to your claim.
• Personal Journals: Regular entries detailing mood swings, mental anguish, or experiencing pain and suffering provide a personal perspective on the emotional toll.

The Role of a Personal Injury Attorney

A personal injury attorney plays a pivotal role in ensuring you receive fair compensation for your pain and suffering:

• Negotiation: Attorneys possess the skill to negotiate effectively with insurance companies to seek compensation that accurately reflects your ordeal.
• Legal Guidance: They guide you through the complexities of the legal system, making the process less intimidating.
• Comprehensive Evaluation: With tools like suffering calculators, they evaluate the total impact of your injuries.
• Free Consultation: Most attorneys offer free consultations to discuss your case, giving you an opportunity to assess their approach without upfront costs.

Common Challenges When Calculating Pain and Suffering

Calculating pain and suffering damages is complex, and understanding these challenges is essential for both individuals and their legal representatives when pursuing a personal injury claim. Some of the most common challenges include:

• Subjectivity of Experience: Pain and suffering are inherently subjective and vary greatly from person to person, making it difficult to quantify in monetary terms.
• Insurance Company Tactics: Insurers often employ strategies to minimize the payout, including downplaying the severity of injuries.
• Lowball Settlement Offers: Initial settlement offers from insurance companies tend to be lower than the actual value of the claim, pressuring claimants to accept less compensation.

Maximize Your Pain and Suffering Compensation

Hiring an experienced personal injury lawyer plays an indispensable role in achieving a fair settlement. They can negotiate with insurance companies, countering their tactics to devalue your claim. With extensive knowledge and professional experience, Rosenfeld Injury Lawyers is dedicated to advocating for your rights and ensuring you obtain the full compensation you deserve.

Call (888) 424-5757 or complete our online contact form to schedule a free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.