Pain and suffering are elements that courts and insurance companies consider when processing personal injury claims. The notion attempts to measure the damage done to you in various forms from situations where others were at fault.
Unfortunately, this concept can be slippery and difficult to grasp. Even some industry professionals don’t fully understand it.
Consequently, we’ve written this guide. It illuminates the concept to help you understand it better and see whether it applies to your case.
Understanding Pain and Suffering
The legal term “pain and suffering” refers to the physical and emotional discomfort a person experiences after an injury. Usually, courts and insurance companies classify it as “non-economic damages” even if it means you can’t work.
Physical pain is part of the calculation–the degree to which you are suffering because of bodily injury resulting from an incident. However, it can also encompass emotional pain and the decreased quality of life experienced because of the injury.
Unlike medical bills and lost wages, “pain and suffering” has no strict monetary component. Therefore, courts and insurance companies must estimate what your discomfort and distress are worth and put a financial value on them.
This approach isn’t ideal, but it is the best available. Nobody can objectively determine how much compensation you deserve for “pain and suffering,” but payments are usually generous and put you in an excellent position to rebuild your life after receiving them.
Types of Pain and Suffering Claims
Pain and suffering can take many forms, and some of these are admissible under the law in personal injury cases. Here, victims argue that specific harms done to them resulted in certain types of outcomes that fall under this category.
Physical Pain
The most common is “physical pain” when there is momentary or lingering pain from an injury. Examples of pain at the time of the event include:
- Crushing pain
- Piercing pain
- Impact-related pain
Lingering pain from injuries can then take the form of numbness, stiffness, and chronic aching.
Emotional Distress
Emotional distress is another common component of pain and suffering. It’s something that adversely affects a lot of people after an accident or incident, leading to post-traumatic stress disorder (PTSD), anger, depression, and fear.
Disfigurement
Disfigurement is another category of “pain and suffering” because of the presumed psychological impact, even if no physical pain is present. It may affect self-esteem, social status, and the ability to find a partner.
Impact On Daily Living
Pain and suffering can also incorporate the concept of its “impact on daily living.” Courts presume that injuries that prevent you from living life the way you want also exact a toll on your life that requires financial compensation.
It’s critical to note that “pain and suffering” is inherently subjective. While courts rely on witness statements, medical records, and expert opinions, the compensation depends on these proxies, not the severity of the experience.
As such, proper legal representation is critical. Attorneys can watch out for your best interest, ensuring the court can entertain all relevant information relating to your case.
Methods of Calculation
The legal system uses several methods to calculate pain and suffering to ensure you receive appropriate compensation for your injuries. These approaches aim to be fair to all parties involved in the dispute.
The Multiplier Method
The multiplier method is a widely used approach to measuring the monetary value of pain and suffering. It relies on the economic value of your compensation, “multiplying” it by some factor.
For example, suppose the court awards you $50,000 for economic damages. Then, it may award a multiplier of 3, meaning your non-economic “pain and suffering” compensation amounts to $150,000.
The size of the multiplier depends on the perceived severity of events. The more challenging they were for you, the more likely the judge will settle on a higher multiplier.
Similarly, the multiplier may be higher if:
- The time it will take to recover from your injuries is longer
- The degree to which your injuries are affecting your daily life
- The degree to which the other party is liable
Per Diem Method
Sometimes, courts also use the “per diem” method. This involves applying a daily rate to “pain and suffering” based on the length of the recovery period.
For example, suppose the court estimates the daily cost of pain and suffering at $100. Then, it would multiply that figure by the number of days of expected recovery to arrive at a final compensation amount.
Suppose your recovery period is 100 days. Compensation would then be $10,000.
Factors That Impact Value
Various factors influence the value of “pain and suffering” compensation. These include:
- The severity of the injury. For example, people with back and brain injuries are more likely to receive higher compensation than those with minor bruises or cuts.
- Whether the impact is permanent. For example, individuals with severed spinal cords are more likely to receive higher compensation than those with surface-level wounds.
- The size of medical expenses. Individuals with higher medical expenses are more likely to receive more compensation since medical provision is often a proxy for injury severity.
- Loss of enjoyment of life. For example, brain damage is more likely to affect your ability to enjoy life than, say, a broken rib.
- The level of emotional distress. For example, injuries arising from the deliberate neglect of others are more likely to result in higher compensation than those that arise from accidents or apathy.
- The degree to which you were at fault. How much you were to blame can also impact the amount of compensation you receive.
- Whether you have pre-existing injuries. Courts may consider this when evaluating your claim. For example, if you had a back injury before the accident and are now claiming compensation for back pain, that may undermine your case slightly.
So there you have it: some of the methods legal professionals and courts calculate pain and suffering. If you would like to discuss your case, contact our team today to get started.
