Want to learn what truly matters for your recovery?
Pain and suffering damages are always the most puzzling aspect of personal injury claims. Your medical bills clearly show dollar amounts, but your pain and suffering awards are more subjective.
The problem:
Unfortunately, most people aren’t familiar with how these awards work. They have no clue about the things judges and juries take into account when deciding how much money to award.
The best place to start is to get familiar with what determines pain and suffering damages. When you hire an experienced Kaufman Injury Law personal injury lawyer, they’ll help you present a winning case by focusing on these factors.
Here we go!
Breakdown of the Factors That Determine Pain and Suffering Awards:
- What exactly is pain and suffering?
- Injury Severity
- Medical Documentation
- Daily Life Disruption
- Recovery Duration
- Comparative Fault
- State Laws & Damage Caps
What Pain and Suffering Entails
Pain and suffering doesn’t only refer to physical pain.
Damages for pain and suffering refer to your physical discomfort and emotional distress. Physical pain damages include ongoing aches and chronic discomfort. Emotional distress includes anxiety, depression, and loss of enjoyment of life.
The fact most people don’t know is…
The average pain and suffering settlement is at $137,277. This number is more than a little misleading though because every case is so different.
In some cases, the award is a few thousand dollars. In others, the verdict is in the millions.
Injury Severity Determines Everything
You want to know what’s the most important factor?
Injury Severity.
The more severe the injury, the higher the compensation award. A minor sprain won’t net you anywhere near what a life-changing traumatic brain injury will.
Courts take several things into account when determining severity:
- Did the injury require surgery?
- Did the injury result in permanent disabilities?
- Was the injury associated with severe pain?
- Did the injury cause future complications?
Studies show that disability and mental distress weigh more heavily when determining awards than physical pain. The injury’s impact on your ability to function matters more than the injury itself.
Pretty shocking, huh?
Medical Documentation Is Key
Here’s one that many people struggle to grasp…
If you don’t have rock-solid medical documentation, your pain and suffering claim is sunk.
Your medical records are the story of your injury. They provide the objective evidence to support your claims that insurance companies are looking for.
You’ll need to document the following:
- Doctor visits and treatment
- Prescribed medications
- Physical therapy sessions
- Mental health counseling
It’s also a great idea to keep a pain journal. Record your daily pain on a scale of 1-10. Note how the injury affects your ability to do things.
This type of documentation goes a long way in strengthening your case.
How Daily Life Is Affected
Take a moment and think about how your life was before the accident.
Now think about the things you can no longer do because of your injuries.
Courts want to know how the accident disrupted your normal life. Are you still able to work? Play with your children? Enjoy your hobbies?
The more your life is impacted, the higher the award.
Were you an avid runner, and now you can’t even walk without pain? This is major lifestyle impact. If you struggle to perform routine tasks, judges take notice.
Duration of Recovery Impacts Awards
Here’s the thing…
How long will you suffer?
This question is a major factor in determining your award.
Short-term injuries will result in a lower award because the suffering will not last long. Long-term or permanent injuries justify a much larger award because the suffering will be ongoing for years.
In nine states, non-economic damages are capped in personal injury lawsuits. But in states where there is no cap, the jury takes into consideration the entire period of suffering.
Courts will consider the following:
- How long it should take to recover
- Likelihood of a full recovery
- Future need for treatment
- Permanent limitations
If you have an injury that requires ongoing treatment, this can increase the value of your claim significantly.
Emotional and Psychological Trauma Matters
Physical injuries are only one part of the story.
Courts award compensation for psychological trauma that follows an accident.
Common emotional damages include:
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Sleep disturbances
- Strain on personal relationships
Seeking professional mental health treatment helps to strengthen your claim. Therapy and counseling records serve as evidence of emotional suffering.
Countless injury victims leave money on the table by not pursuing these emotional damages.
The Multiplier Method Defined
Ok, so how do personal injury lawyers figure out pain and suffering?
Lawyers commonly use the multiplier method.
Here’s how it works:
Multiply all your economic damages (medical expenses, lost wages, etc.) by a number between 1.5 and 5. The multiplier number depends on the severity of the injury.
Minor injuries receive a lower multiplier (1.5 or 2). Catastrophic injuries receive a higher multiplier (4 or 5).
For example:
If you have $50,000 in medical bills and a multiplier of 4, your pain and suffering award would be $200,000.
The challenge is convincing the other side to use a higher multiplier. This is where an experienced personal injury lawyer makes all the difference in the world.
Comparative Fault Reduces an Award
Here’s something you may not know…
Even if you’re partially at fault for the accident, you can still recover damages. However, your award gets reduced by the percentage of fault you have in the accident.
For example, if you are 20% at fault in a car accident, you would get 80% of your damages ($80,000) if the award would have been $100,000.
That’s why proving the other driver’s negligence is so critical to your case.
State Laws and Damage Caps Can Make or Break a Case
Where you file your lawsuit matters more than you might realize.
Some states have caps on non-economic damages like pain and suffering. Others do not. This can be the difference between a $250,000 award and a multi-million dollar verdict.
Medical malpractice cases have stricter caps as well. For example, pain and suffering awards are capped at $750,000 in total for medical malpractice cases in Texas.
But in states without any caps, juries have complete discretion. California has seen recent verdicts well over $1 million for future pain and suffering damages alone.
You need to understand the laws of your state.
How to Build Your Best Case
Ready to position yourself for the best possible outcome?
Start by documenting everything on day one. Keep detailed records. Stick to all medical advice and treatment.
Work with an experienced personal injury attorney who knows how to value these cases. Personal injury lawyers know what factors carry the most weight and how to present your case.
Winning formulas include:
- Thorough medical documentation
- Expert testimony when necessary
- Pain journals
- Evidence of daily life disruption
- Solid proof of defendant’s negligence
Don’t rush to settle. Insurance companies tend to start with very lowball offers hoping you’ll accept before you fully understand the value of your claim.
Key Takeaways
Pain and suffering awards are based on multiple factors that work together.
Injury Severity is the most critical. However, recovery duration, life disruption, emotional distress, and documentation all play important roles as well.
Every case is different. This is one of the reasons why it’s so important to get legal advice early on in the process.
Understanding the factors that play a part in the value of your case puts you in the best position to gather evidence and get a good idea of what your claim is worth.
Don’t leave money on the table. You are entitled to fair compensation for all you’ve been through.