In personal injury cases, compensation isn’t limited to physical injuries or medical bills. Victims may also be entitled to damages for pain and suffering—a legal term for the emotional, psychological, and physical distress caused by an accident.
But what exactly is pain and suffering, and how is it calculated? Here’s what you need to know.
Defining Pain and Suffering
Pain and suffering refers to the non-economic damages a person experiences due to an injury. It can include:
- Physical pain and discomfort
- Emotional distress, depression, or anxiety
- PTSD or trauma-related disorders
- Loss of enjoyment of life
- Disfigurement or scarring
Firms like National Injury Attorneys help clients understand how to document and pursue these intangible—but very real—damages.
How Pain and Suffering Is Calculated
Unlike medical bills or lost wages, pain and suffering doesn’t come with a receipt. There are two common methods courts and insurers use:
- Multiplier Method: A number (usually 1.5 to 5) is multiplied by your total economic damages (like medical costs).
- Per Diem Method: A daily rate is assigned to your suffering and multiplied by the number of days until you reach maximum medical improvement.
According to Morgan & Morgan, documenting your day-to-day pain, therapy sessions, and limitations helps justify a higher multiplier or daily rate.
Evidence That Supports a Claim
You’ll need strong documentation to prove pain and suffering. This can include:
- Medical records
- Psychological evaluations
- Journal entries or pain logs
- Testimony from friends, family, or therapists
The National Academy of Personal Injury Attorneys (NAOPIA) encourages victims to begin documentation immediately following the injury.
Factors That Influence Compensation
- Severity of the injury: More serious injuries typically result in higher pain and suffering awards.
- Length of recovery: Long recovery periods or permanent disabilities justify greater compensation.
- Impact on daily life: Inability to work, care for family, or engage in hobbies can increase damages.
At Lawfirm.com, you can find case examples that show how these factors have played out in real settlements and verdicts.
Jury vs. Settlement
Pain and suffering awards can vary significantly depending on whether your case settles or goes to trial. Ben Crump Law often emphasizes the emotional impact of an injury in front of a jury to secure higher compensation.