How Pain and Suffering is Calculated in Personal Injury Lawsuits

If someone experiences a personal injury due to the negligence or intentional actions of another party, the legal system allows them to recover compensation. Compensation can span for a variety of damages, including medical expenses, lost wages, and pain and suffering.

While medical expenses and lost wages are relatively easy to calculate, determining the monetary value of pain and suffering is much more complex.

What is Pain and Suffering?

Pain and suffering refers to the physical and emotional distress experienced by the injured party as a result of the accident or incident. “Any change in how your life used to be compared to how it is now, after your accident and injury, may constitute pain and suffering,” note injury attorneys at Vanguard Attorneys. Pain and suffering includes the pain, discomfort, mental anguish, emotional trauma and loss of enjoyment of life that the individual endures.

Unlike medical expenses or lost wages, pain and suffering are intangible damages that require a careful assessment to calculate.

Factors Considered in Calculations

There are multiple factors that go into calculating pain and suffering damages.

Severity of the Injury

The severity of the injury plays a significant role in determining the value of pain and suffering. Severe injuries that result in long-lasting or permanent disabilities, chronic pain or significant emotional trauma generally secure a higher compensation amount.

Duration of the Recovery

The length of time it takes for the injured party to recover is another crucial factor. Prolonged recovery periods often indicate more significant pain and suffering, as the individual endures a prolonged period of discomfort and distress.

Medical Documentation

Thorough medical documentation is essential in evaluating the extent of pain and suffering. Medical reports, diagnostic tests, treatment plan, and expert opinions provide evidence of the physical and emotional impact of the injury on the individual’s life.

Impact on Daily Life

The extent the injury affects the injured party’s daily life is factored into calculations. This includes the loss of ability to perform routine tasks, participate in activities or enjoy hobbies and relationships.

Emotional Distress

Emotional distress resulting from the injury, such as anxiety, depression, post-traumatic stress disorder (PTSD), or loss of consortium, is an essential consideration for pain and suffering damages. Insight from mental health professionals and the injured person’s own accounts of emotional suffering contribute to the calculation.

What are the Methods of Calculating Pain and Suffering?

While there are various methods used to calculate pain and suffering in personal injury lawsuits, the two most common approaches are the multiplier method and the per diem method.

Multiplier Method

In this method, the total economic damages are multiplied by a factor ranging from 1 to 5, depending on the severity of the injury. The more severe the injury, the higher the multiplier applied.

Per Diem Method

The per diem method assigns a daily rate for pain and suffering. The amount is then multiplied by the number of days the individual experienced pain and suffering. The daily rate is typically based on factors such as the individual’s daily earnings, the extent of the injury, and the impact on their life.

Calculating Pain and Suffering in Your Unique Case

Calculating pain and suffering in personal injury lawsuits is a complex process, requiring careful consideration of various factors. The severity of the injury, duration of recovery, medical documentation, impact on daily life and emotional distress all contribute to the final compensation amount.

Courts, insurance adjusters and juries utilize different methods to calculate pain and suffering damages. If you have been injured, don’t delay. It is essential to work with experienced legal professionals who can help assess the unique circumstances of your case and fight for compensation that adequately compensates for your pain and suffering.