Understanding Pain And Suffering Damages: What Victims Should Know
If you have been hurt by another person’s negligence, whether in a car crash, slip and fall, or another accident, you may hear the erm “pain and suffering” when discussing your injury claim.
Many people do not fully understand pain and suffering damages, but, as attorneys such as our friends at Johnson & Alday, LLC know, these damages can be crucial components of your claim.
Pain And Suffering Damages
Pain and suffering damages fall under non-economic damage, the losses that are not measured with a receipt or bill. While medical expenses or lost wages have clear dollar amounts, pain and suffering compensate you for your physical pain, emotional distress, anxiety, trauma, and loss of enjoyment of life caused by your injuries.
For example, imagine two people both break their arm in a car accident. One might fully heal in six weeks, while another might develop chronic pain that limits their daily activities and causes depression. Pain and suffering damages aim to reflect these deeply personal, non-financial losses.
How Pain And Suffering Damages Are Calculated
Unlike medical bills, there’s no fixed price tag for your suffering. Instead, insurance companies, personal injury lawyers, and courts use a few common methods to estimate a fair amount, for example:
- The Multiplier Method
This is the most common approach. First, add up your total economic damage, like medical bills, and lost wages. Then, that total is multiplied by a number (often between 1.5 and 5) depending on how severe the injuries are and how much they affect your daily life. For example, if your medical bills and lost income total $20,000 and your injuries are significant, the multiple might be 3, resulting in $60,000 for pain and suffering.
- The Per Diem Method
In this method, a dollar amount is assigned every day you experience pain and suffering, from the date or the accident until you reach maximum recovery. For example, $100 a day for 200 days would equal $20,000. The daily rate often reflects your usual daily earnings or another reasonable figure.
- Other Factors Considered
Insurers and courts also consider factors like:
- The severity and type of injury
- Whether the injury is permanent or disfiguring
- The impact on your ability to work or enjoy life
- Testimony from medical experts and mental health professionals
- Your own statements and daily records
Pain and suffering damages differ from case to case, and an experienced lawyer can help you understand how they might apply to yours.
How To Strengthen Your Claim
Since pain and suffering are subjective, good documentation is key to ensuring you receive the compensation you deserve. Keep medical records, attend all appointments, and follow your doctor’s instructions. Keeping a journal describing your daily pain levels, sleep issues, emotional struggles, and activities you can no longer do or enjoy can help with a pain and suffering claim. Witness statements from family and friends can also help show how much your life has changed and in what ways.
When To Talk To An Attorney
Insurance companies like to downplay pain and suffering to pay as little as possible. An experienced lawyer can help you gather the right evidence, negotiate a fair settlement, and, if needed, fight in court for what you deserve.