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Index

1. What is Pain & Suffering?
2. How Pain & Suffering is Calculated
3. Proving Pain & Suffering in Court
4. The Role of Insurance Companies
5. How an Attorney Can Help

When someone is injured due to another party’s negligence, they may seek compensation not only for medical bills and lost wages but also for the resulting physical pain and mental suffering caused from the incident. Unlike specific, or special, damages such as past medical expenses, pain and suffering are considered general, or non-economic, damages.  General damages can be harder to quantify but are equally, if not more, important than special damages.

This guide will help you understand what damages for pain and suffering involve, as well as how these damages might be recovered in personal injury cases.

Visit our Personal Injury Law page to learn more about personal injury law and what we can do for you.

What is Pain & Suffering?

Pain and suffering encompass both physical discomfort and emotional distress caused by an injury. It goes beyond immediate pain and includes long-term consequences that impact a person’s quality of life. Courts recognize that injuries affect more than just financial well-being—they also take a toll on mental and emotional health. Never being able to walk again or suffering from permanent disfigurement damages someone more than just to the extent of their past medical expenses or lost wages.

Pain and suffering can be categorized into two main types:

Physical Pain & Suffering

This refers to the actual pain experienced from injuries, surgeries, and treatments. It includes:

• Chronic pain from fractures, burns, or permanent nerve damage
• Long-term disabilities or mobility issues
• Future medical complications related to the injury

Emotional Pain & Suffering

This involves psychological and emotional trauma caused by the injury, such as:

• Anxiety and depression
• Post-traumatic stress disorder (PTSD)
• Sleep disorders or emotional distress
• Loss of enjoyment of life due to disability

How Pain & Suffering Is Calculated

Since pain and suffering do not have fixed monetary values, over time such damages have been calculated using different methods:

The Multiplier Method

If you Google how to calculate pain and suffering, you will often receive some sort of response that involves estimating pain and suffering by multiplying economic damages (medical expenses, lost wages) by a number between 1.5 to 5, depending on the severity of the injury.  The multiplier method, if we want to call it that, is complete nonsense, as an individual’s damages for physical pain and mental suffering have nothing to do with how much their past medical treatment costs.

For instance, if someone suffers a traumatic brain injury for which there is no real treatment or cure, so they incur very little medical expense, such person still has suffered/will suffer an extreme amount of physical pain and mental suffering due to their injury.

The Per Diem Method

The per diem method assigns a daily dollar amount to the victim’s suffering, multiplied by the number of days they endure pain, or can expect to endure pain and discomfort.

For example: If a person is assigned a daily rate of $200 and suffers for 200 days, their pain and suffering compensation would be $40,000.  While not perfect, the per diem method make considerably more sense than utilizing a multiplier, as it provides the judge or jury with a tool for valuing damages that is tied to the injured individual’s actual experience.  Reasonable people will differ as to what the per diem amount should be, or as to how far out into the future such amount should be applied, but at least in utilizing a per diem method, the decision maker is attempting to value pain and suffering based on injured person’s actual loss, or expected loss.

Proving Pain & Suffering in Court

Since pain and suffering are subjective, strong evidence is necessary to validate claims. Some ways to prove pain and suffering include:

• Medical Records: Documentation of injuries, treatments, and long-term prognosis.
• Expert Testimony: Medical professionals can testify about the severity of pain and future effects.
• Personal Journals: Keeping a daily record of pain levels, emotional struggles, and life changes.
• Witness Statements: Friends, family, or coworkers can testify about the emotional and physical toll of the injury.
• Psychological Evaluations: Reports from therapists or counselors verifying anxiety, PTSD, or depression.

In order to illustrate the physical pain and mental suffering someone has endured due to a severe injury, it’s important to utilize whatever you can to effectively tell that person’s story.

The Role of Insurance Companies

Insurance companies often downplay pain and suffering claims to minimize payouts. They may:

• Argue that injuries are not as severe as claimed.
• Use surveillance or social media to challenge claims, oftentimes taking things out of context.
• Offer lowball settlements in hopes that victims will accept a quick payout.

Victims should never accept the first offer without consulting a legal professional, as insurers tend to focus on special damages in evaluating injury claims and often prioritize profits over fair compensation.

How an Attorney Can Help

A personal injury attorney plays a crucial role in maximizing pain and suffering compensation by:

• Gathering compelling evidence to prove pain and suffering.
• Negotiating aggressively with insurance companies.
• Filing lawsuits if the settlement offer is insufficient.
• Presenting expert testimonies to strengthen claims.

Experienced attorneys understand how to build a strong case and ensure that victims receive fair compensation.

Schedule a Free Consultation with Chandler | Conway

ChandlerConway.com provides expert legal guidance for personal injury cases, offering comprehensive insights, legal representation, and invaluable resources for those seeking justice. Whether negotiating with insurance companies or navigating lawsuits, ChandlerConway.com is a trusted partner in securing fair compensation for injury victims.

Contact our agency by phone, email, or contact form.