Curious what the single biggest factor is in the largest personal injury settlements?
It’s not economic damages like medical bills or lost income.
It’s something much less tangible…
Pain and suffering damages.
According to recent data, pain and suffering compensation often accounts for more than 50% of the total award in personal injury cases. But most people don’t understand…
How these damages are calculated
How they impact the overall value of your case
The two main methods that courts use
The single most important thing you can do
Table of Contents
What you’ll learn:
- What Is Pain and Suffering in Legal Terms?
- How Pain and Suffering Damages Are Calculated
- Two Main Methods Used by Courts
- The Single Most Important Factor
- State Laws You Should Know
- Breaking It Down
What Is Pain and Suffering in Legal Terms?
Pain and suffering is a legal term that encompasses all of the non-financial harm that you experience due to an injury.
When you’re injured, you don’t just suffer financial losses like medical bills and lost income. You experience physical pain, emotional trauma, and loss of enjoyment.
Pain and suffering damages compensate you for all of that.
In a personal injury claim, pain and suffering are sometimes referred to as non-economic damages. They refer to damages that can’t be calculated with a calculator, as opposed to economic (financial) damages. So instead of direct costs, pain and suffering covers things like:
- Physical pain – Actual bodily discomfort due to injuries
- Emotional distress – Anxiety, depression, mental anguish
- Loss of enjoyment – Activities and hobbies you can no longer do
- Reduced quality of life – Overall daily living impact
Here’s what’s interesting…
A San Diego personal injury lawyer will tell you that proving pain and suffering damages requires a totally different process than proving medical bills. You have to document intangible impacts of injuries.
How Pain and Suffering Damages Are Actually Calculated
This is the big question…
How do you value something as subjective as pain?
Courts and insurance companies have specific formulas they use to determine these awards. It’s not random. There are established methods that help bring some consistency.
But it’s not a simple formula like:
Total medical bills x 3 = Pain and Suffering
The calculation is multi-factor and various elements can dramatically alter the final payout.
The Two Main Calculation Methods
There are two main methods used to calculate pain and suffering awards:
1. The Multiplier Method
This is the most common method. Your economic damages are multiplied by a number usually between 1.5 and 5.
Here’s how it works:
If you have $50,000 in medical expenses and the court decides on a multiplier of 3, your pain and suffering damages would be $150,000.
Multipliers are determined by:
- Severity of injuries
- Recovery time
- Impact on daily life
- Permanence of condition
2. The Per Diem Method
Per diem is Latin for per day. This method assigns a daily dollar amount for your pain and suffering, which is then multiplied by the number of days you have been affected.
Example: If the court assigns $200 per day and you were in pain for 365 days, your total pain and suffering would be $73,000.
Daily rate is often based on your daily earnings or a percentage of them.
Why These Damages Matter Most
Here’s something that might surprise you:
Recent statistics show that the average personal injury settlement is just over $55,000. The majority of this amount is from pain and suffering awards.
Here’s why they’re important:
Pain and suffering damages acknowledge that an injury is more than just a financial event. Physical and emotional trauma can persist long after medical bills are covered.
But there is a catch…
Most states have a maximum cap on pain and suffering damages. California is $250,000 in medical malpractice cases. Texas has a $750,000 pain and suffering cap in medical malpractice.
The key is documentation.
Courts need proof of your suffering. So they can include:
- Medical records detailing treatment
- Pain journals that track daily pain
- Testimony from family about changes in your behavior
- Expert medical testimony regarding prognosis
- Mental health records if you saw a counselor
Factors That Affect Your Award
Not all pain and suffering awards are equal.
There are various factors that can significantly influence the amount you receive:
Severity of Injury: More severe injuries generally equate to higher multipliers. A simple broken bone that heals completely will receive a low multiplier than a traumatic brain injury that changes your life.
Victim’s Age: Younger victims are often awarded more as they have more years to live with the injuries.
Pre-existing Conditions: If you had health problems before the accident, it might lower your award.
Credibility: Your ability to prove your suffering is important. Consistent medical treatment and documentation help.
Jurisdiction: States and judges can vary. Some are more generous than others.
One thing you might not know…
The way you handle your case day one will impact your final award. Large gaps in medical treatment, inconsistent stories, or wildly exaggerated claims can all lower your compensation.
Real-World Examples
To show you how these work, here are a few real-life examples:
A $20,000 award for a rear-end collision victim with whiplash. Of that, only $7,161 was for pain and suffering.
A $2.38 million spine surgery patient award. A significant portion was for pain and suffering damages.
A brain injury victim who received $2.55 million. This included $100,000 for pain and suffering.
See the difference?
Severity and permanence of your injuries have a dramatic impact on potential awards. But what’s really important…
Motor vehicle accidents account for 52% of all personal injury cases, making them the most common. That means there is plenty of precedent for these types of cases.
State Laws You Should Know
Here’s a quick tip about pain and suffering damages: they vary widely by state.
Some have no caps at all, others have strict limits on what you can recover.
States With Caps
- California: There is a $250,000 cap on medical malpractice
- Texas: $750,000 cap for medical malpractice
- Florida: $750,000 cap on medical malpractice non-economic damages
States With Generous Awards
A majority of states have no caps on pain and suffering for most personal injury cases. In these cases, your award is only limited by what you can prove.
But keep in mind…
Even in states without caps, insurance policy limits can also cap recovery. If the person at fault has only $25,000 coverage, that might be all you collect.
Breaking It Down
Pain and suffering damages are often the most valuable portion of your personal injury claim. They are the compensation you receive for the intangible, but very real, impact of your injuries.
Key takeaways:
- These damages are often higher than your economic losses
- Two main calculation methods: multiplier and per diem
- Proper documentation is critical
- State laws make a big difference in awards
- Skilled legal counsel maximizes recovery
Pain and suffering damages are very important and can be worth tens of thousands of dollars or more. Don’t underestimate them.
Remember: Once you settle, you can’t go back later. Make sure you account for all of your suffering.
