When you’ve been hurt in an accident, your recovery doesn’t stop with physical injuries. Emotional and psychological challenges can linger long after the physical wounds begin to heal. Understanding how pain and suffering is calculated in a legal case is important if you’re trying to recover fair compensation for all the challenges you’ve faced.
What Are Pain and Suffering Damages?
In legal terms, pain and suffering refers to the physical pain and emotional distress caused by an injury. This could include back pain, depression, loss of enjoyment of life or even PTSD after a traumatic event. It’s a form of non-economic damages, which means pain and suffering is separate from medical bills.
While economic damages reimburse actual expenses, pain and suffering compensation is designed to account for how your life has been affected in less measurable ways. Both types of damages are often included together in a personal injury settlement.
How Is Pain and Suffering Calculated in Legal Claims?
Since there's no actual expense for pain and suffering, it's typically calculated using a few standard methods. The two most common methods used in personal injury cases are the multiplier method and the per diem method.
The Multiplier Method
This method multiplies your total economic damages, such as medical bills and lost wages, by a number that reflects the severity of your injury. The more serious or long-lasting the harm, the higher the multiplier.
The Per Diem Method
With this approach, a daily dollar amount is assigned to your pain and suffering, then multiplied by the number of days you’re affected. This method emphasizes how long the injury impacts your daily life.
How State Laws Affect the Calculation
How pain and suffering is calculated may differ depending on the court, insurance company or state law. Some states cap non-economic damages or limit calculation methods, which can influence what’s considered a reasonable settlement in your case.
Pain and suffering in Arizona is not subject to any caps in personal injury cases; however, the state follows a pure comparative negligence rule, which can affect the amount you recover. That means your award could be reduced if you’re partly responsible for the accident.
What Factors Are Used To Determine The Amount Awarded for Pain and Suffering?
The amount awarded for pain and suffering in a personal injury settlement is determined by several factors that reflect how the injury has impacted your life. Key considerations include the severity of the physical and emotional distress, the duration of recovery and any long-term effects. Additionally, strong supporting evidence helps to ensure a
reasonable settlement that accurately compensates for the full scope of your suffering.
The Severity and Duration of Your Pain
One of the key factors in determining compensation is the intensity and longevity of your physical pain. The more severe and long-lasting the pain, the higher the potential compensation.
If your injury results in chronic pain or ongoing complications that affect your ability to perform everyday activities, this typically leads to a higher settlement. A detailed medical assessment can provide valuable insight into the extent of your pain and its expected duration.
The Emotional and Mental Impact of Your Injuries
In addition to physical pain, personal injuries often lead to emotional and mental distress, such as anxiety, depression or PTSD. If your mental health has been significantly affected, or if the injury has interfered with your relationships or daily functioning, this can add significant value to your claim. Mental health evaluations from a counselor or psychologist can help establish the extent of the emotional toll and strengthen your case.
The Way the Injury Has Disrupted Your Life
The injury’s impact on your daily life is another important factor. If it has affected your ability to work, take care of your family or enjoy hobbies and other activities that were once important to you, the amount of compensation you may be entitled to can increase substantially. The more your quality of life has been impaired, the greater the justification for a higher award.
Can You Sue for Pain and Suffering After an Accident?
You can sue for pain and suffering after an accident if someone else’s negligence caused your injuries. To have a valid claim, you must show that the other party owed you a duty of care, breached that duty and directly caused your injuries as a result.
Documenting your injury and its impact by keeping a journal helps track the severity of your pain and daily challenges. Medical records and photos provide supporting evidence of your physical and emotional distress. Statements from loved ones further illustrate how your injury has affected your relationships and daily activities, strengthening your claim.
Pain and suffering damages are available in many types of personal injury cases, including car accidents, slip and fall incidents, medical malpractice, dog bites and injuries from defective products. These damages help account for the emotional and personal toll the injury has taken on your life.
However, you should also be aware of the statute of limitations in your state, which sets a deadline for filing a lawsuit, often two or three years from the date of the accident. Missing this deadline could mean losing your right to compensation entirely.
Why Should You Talk to a Lawyer About Pain and Suffering?
Navigating a personal injury claim on your own can be overwhelming, especially when it comes to non-economic damages. An experienced attorney can:
- Help prove the full extent of your pain and suffering
- Bring in medical experts or counselors to support your case
- Negotiate with insurance companies that might try to minimize your claim
- Ensure your settlement reflects both economic and non-economic damages fairly
As you gather information about your case to value it or determine whether your claim includes enough compensation for your suffering, it’s good to take time to
talk to a lawyer. A lawyer knows how to counter lowball offers and will fight to secure the maximum possible compensation for your pain. They can help you avoid settling for less than you deserve.
Get Help Calculating Pain and Suffering for Your Case
If you need help determining how pain and suffering is calculated in your specific case, the best step is to speak with a legal professional who understands personal injury law. At Sargon Law Group, we’re here to help you build a strong case and secure the compensation you’re entitled to.
Contact us today to learn more about how we can support your claim, calculate your damages and help you move forward with confidence.
