Personal injury victims suffer numerous losses because of their accidents. Many of these are objective losses, known as economic damages, and include such things as medical bills and lost time from work. But there is also a category known as non-economic damages. These are more subjective in nature, and they elude an easy dollar calculation.

One of the most common types of non-economic damages is pain and suffering. If you endured painful injuries and treatments or suffered because of the harm done to you, it may be possible to claim these damages. All accident victims should explore this category of compensation with their personal injury lawyer so they can maximize the amount of their recovery.

What Pain and Suffering Covers

“Pain and suffering” is the umbrella term for the physical discomfort and emotional distress experienced by victims of a negligent incident, whether there were actual physical injuries or not. It addresses the negative impacts of the event on a victim’s daily routine. It can cover the following:

• Physical pain: Pain can have a detrimental impact on a person’s life. Not only can it make it difficult or impossible for the victim to work, but it can also affect their overall quality of life. This can include both the pain from the injury itself and from the recovery and healing processes.
• Emotional distress: This is sometimes called mental anguish and may refer to emotional trauma, fear, anxiety, and depression. Emotional distress can also cover the resulting complications that victims often encounter after suffering an injury, such as difficulty sleeping.

This category of damages exists because courts and legislatures have long recognized that medical bills and other economic damages do not fully account for a victim’s experiences. In other words, pain and suffering is a distinct category of loss for which the victim can seek monetary compensation.

How Pain and Suffering is Calculated

Pain and suffering are personal losses and vary widely from one person to another; calculating them is far more complex than totaling medical bills or lost wages. Courts and insurance companies do use established methods, but the numbers used in those methods are shaped by a detailed review of how the injury changed the victim’s life. Two primary approaches are used, but neither is a simple formula.

Multiplier Method

This approach takes the victim’s economic losses and multiplies them by a number chosen to reflect the seriousness and long-term effects of the injury. The multiplier is not random. It is selected after weighing the full scope of the victim’s experience. Someone who faces lasting physical limitations, visible scarring, significant career setbacks, or major changes to family or social life will often justify a higher multiplier.

For example, imagine a victim whose medical bills, lost wages, and property damage total $100,000. If the injury results in permanent limitations, their attorney might argue for a multiplier of five based on the lasting impact on daily life and work. If accepted, this would result in $500,000 in pain and suffering.

Per Diem Method

The per diem method is often used when the victim is expected to make a full recovery. This approach counts the number of days the victim will experience pain or emotional strain and assigns a daily rate. That rate must be supported by evidence and is usually tied to something concrete, such as the victim’s income or a reasonable estimate of how disruptive and uncomfortable each day of recovery is.

Decision makers consider the intensity of symptoms, how the injury affects sleep, mood, relationships, and the level of inconvenience it creates. For example, consider a victim whose pain and recovery period is expected to last 70 days. If the daily rate is set at $300 based on the documented impact on their routine and well-being, the total pain and suffering award using this method would be $21,000.

Factors That Influence the Value of Damages

Every individual’s pain and suffering damages are unique. The dollar amount will depend heavily on the specific circumstances of the case. Key factors often include:

• Duration and permanence of effects: The length of time a victim experiences pain is a major consideration. Temporary injuries may be calculated using the per diem method, while permanent or long-term limitations often call for the multiplier method. Chronic pain, lasting physical restrictions, or permanent scarring can all raise the award.
• Impact on daily life: Courts and insurers look at how the injury affects routine activities. This includes limitations on mobility, the ability to perform household tasks, exercise, hobbies, or social activities. The more an injury interferes with daily life, the higher the potential damages.
• Appearance: Injuries that leave visible scars, disfigurement, or other noticeable changes can increase pain and suffering damages because of the emotional and social effects they create.
• Level of inconvenience: Even temporary injuries can be disruptive. The need for frequent medical appointments, limitations on travel or work, and disruption to normal routines all factor into the calculation. 
• Effect on career and income: If an injury limits a person’s ability to work, affects career advancement, or reduces earning potential, this impact is considered when valuing non-economic damages.
• Impact on relationships: Pain and suffering can extend beyond physical discomfort. Strains on personal relationships, family life, and social interactions can influence the amount awarded. Need for ongoing care: Injuries that require long-term medical treatment, physical therapy, or psychological care can increase damages because of the lasting effect on the victim’s life.
• Comparative fault: If the victim bears some responsibility for the accident, their total damages, including pain and suffering, are typically reduced proportionally. Courts assign a percentage of fault to each party and adjust the award accordingly.

Proving Pain and Suffering

As with the victim’s other damages, it will be their responsibility to prove both their existence and their value. There are many forms of evidence the victim could theoretically produce to substantiate their demand for pain and suffering. Among these are:

• Medical records: These important documents detail the nature of the injuries, the treatments, and the victim’s experiences. Medical records may clarify just how many surgeries, for example, were necessary to treat the initial injuries. They may also contain details about long-term treatments like physical therapy.
• Expert witness testimony: Expert witnesses testify as to complex and technical matters that laypersons do not readily understand. A medical expert witness can explain in detail what the victim’s pain and suffering are like. They can also testify about future treatments the victim is likely to need, which further proves the value of the damages.
• Lay witness testimony: Lay witnesses, including the victim, can discuss at length the impact of the injury on the victim’s daily life. A friend or family member may explain the struggles and limitations that they have personally observed in the victim. Meanwhile, the victim’s personal notes following the injury may clarify what they have endured.

How a Lawyer Can Help

If you are filing a personal injury claim, especially if you believe you are eligible for pain and suffering damages, it is in your best interest to contact a specialist, such as a hit and run lawyer California. A seasoned personal injury attorney can assist with the various steps that you will need to take to prove the value of your damages. These include:

• Documenting the accident: Your attorney will obtain evidence from the accident or injury scene, which could include pictures, videos, police reports, eyewitness statements, and more. Later, if your lawyer files a lawsuit, they can use discovery to obtain additional evidence.
• Proving your case: Next, your attorney will go to the at-fault parties, their insurers, and their lawyers to present the details of your injury and why you are entitled to pain and suffering and other damages. This is usually done by way of a demand letter.
• Negotiating with insurers: Insurance companies are generally reluctant to pay for pain and suffering and may try to offer you an unrealistically low settlement. Don’t let the insurers define the value of your pain and suffering; turn to a knowledgeable attorney who can negotiate effectively on your behalf.
• Going to trial: Most personal injury cases settle out of court. But some insurance companies refuse to negotiate in good faith. They may not even wish to consider pain and suffering at all, since that means having to pay more money for their policyholder’s mistakes. Your attorney can help you weigh the benefits and risks of settlement versus trial so you can make an informed decision on which steps to take next.

Pain and Suffering Is Just One Piece of the Puzzle 

Pain and suffering damages cover the range of physical and emotional consequences that victims experience. However, this is just one part of the total damages the victim will need to claim. There are other types of non-economic damages, and numerous economic damages, you should consider. Having a personal injury attorney will help you claim the full range of damages that you deserve. If you were hurt because of someone’s irresponsible conduct, reach out to an attorney early for guidance. They can help you seek the compensation you need and explain how to substantiate and calculate the value of your damages.