When someone is injured due to another party’s negligence, the damages they suffer aren’t always purely financial. Along with medical bills and lost wages, victims often endure physical pain, emotional distress, and a reduced quality of life. These non-economic damages fall under the category of pain and suffering.
But how are these intangible losses calculated in a personal injury case? In this blog, we’ll explore how lawyers assess and value pain and suffering, and the methods they use to determine fair compensation.
What Is Pain and Suffering in Legal Terms?
In personal injury law, pain and suffering refers to the physical and emotional distress a person experiences as a result of their injury. This can include:
- Physical Pain: Ongoing discomfort, pain from surgeries, and long-term physical limitations.
- Emotional Distress: Anxiety, depression, trauma, and other psychological effects from the injury or accident.
- Loss of Enjoyment: The inability to engage in hobbies, exercise, or daily activities that were once part of the person’s life.
- Loss of Consortium: Impact on personal relationships, such as strain on family or romantic relationships due to the injury.
These damages are subjective and don’t come with a set dollar amount, which is why calculating pain and suffering can be a complex process.
Methods for Calculating Pain and Suffering Damages
Unlike medical bills or lost wages, pain and suffering damages don’t come with clear receipts. Instead, lawyers use different methods to estimate the value of these non-economic losses. Two common approaches are:
- The Multiplier Method This is one of the most widely used formulas for calculating pain and suffering damages. It works by multiplying the total economic damages (medical bills, lost wages, etc.) by a number between 1.5 and 5, depending on the severity of the injury.
- For example: If your economic damages total $20,000 and a multiplier of 3 is used, your pain and suffering damages would amount to $60,000.
- The multiplier is typically based on the severity of the injury, the length of recovery, and whether the victim will suffer long-term effects. More severe or permanent injuries tend to result in higher multipliers.
- The Per Diem Method The per diem (Latin for “per day”) method assigns a daily dollar value to the victim’s pain and suffering and multiplies it by the number of days the individual experienced the effects of the injury. This daily rate is often based on the victim’s daily wage or a reasonable amount agreed upon by the attorney and insurance adjuster.
- For example: If a daily rate of $200 is assigned, and the recovery period is 100 days, the pain and suffering damages would be $20,000.
Both of these methods have their strengths and weaknesses, and the method chosen often depends on the specific circumstances of the case.
Factors That Influence Pain and Suffering Valuation
Several factors come into play when determining the value of pain and suffering in a personal injury case. Some of the most important include:
- Severity of the Injury: More severe injuries, such as those requiring surgery or leading to permanent disability, typically result in higher pain and suffering awards.
- Length of Recovery: A longer recovery time or a permanent disability may justify a larger pain and suffering calculation.
- Impact on Daily Life: If the injury has significantly affected the victim’s ability to work, maintain relationships, or engage in daily activities, this may increase the value of the claim.
- Emotional and Psychological Effects: Serious psychological effects, such as post-traumatic stress disorder (PTSD), depression, or anxiety, can also lead to higher pain and suffering damages.
Challenges in Proving Pain and Suffering
Because pain and suffering are subjective, they can be more difficult to prove than economic damages. Unlike medical bills or pay stubs, there is no hard evidence to quantify how much emotional distress or physical pain someone has endured.
However, experienced personal injury lawyers use a combination of documentation and expert testimony to build a strong case. This can include:
- Medical Records: Showing the extent of physical pain and the treatments required.
- Mental Health Evaluations: Providing evidence of emotional distress, anxiety, or depression.
- Testimony from Family and Friends: Describing how the injury has affected the victim’s life and relationships.
- Journals or Personal Diaries: Some victims keep journals documenting their daily pain, emotional struggles, and how the injury impacts their life.
This evidence helps attorneys and insurance adjusters assess the true extent of the pain and suffering and argue for fair compensation.
Why You Need a Lawyer for Pain and Suffering Calculations
Calculating pain and suffering damages requires experience and a deep understanding of personal injury law. An experienced lawyer can help you navigate this process by gathering the necessary evidence, selecting the best calculation method, and negotiating with insurance companies on your behalf.
At Sieben Edmunds Miller, we understand the complexities of pain and suffering calculations. Our team of personal injury lawyers will work with you to ensure that your pain and suffering is fully considered and valued fairly, giving you the best chance at a just settlement.
The Importance of Fair Compensation for Pain and Suffering
Pain and suffering damages play a crucial role in personal injury settlements. They compensate victims not only for their physical discomfort but also for the emotional toll that injuries often take. While these damages can be difficult to quantify, a fair calculation can help victims rebuild their lives and move forward after an accident.
If you or a loved one has been injured due to someone else’s negligence and you are struggling with the effects of pain and suffering, contact Sieben Edmunds Miller today. Our experienced personal injury attorneys are here to help you get the compensation you deserve.
