When you’re hurt in a car accident, medical bills and lost wages are only part of the story. Often, what lingers longest is the emotional trauma, daily discomfort, and lost enjoyment of life. These intangible damages are known as pain and suffering—and they can significantly affect the value of your personal injury case. “Understanding Pain and Suffering”
But how do you put a dollar amount on something so personal and subjective? Understanding how pain and suffering is calculated in a personal injury case can help you better prepare for the claims process and ensure you’re not short-changed by the insurance company.
What Is Pain and Suffering?
“Pain and suffering” refers to the non-economic damages a person endures after an accident. These damages aren’t tied to specific bills but rather reflect the real emotional and physical toll of the injury.
Pain and suffering typically fall into two main categories:
1. Physical Pain and Discomfort
This includes ongoing pain from broken bones, sprains, nerve damage, or surgeries—whether it’s mild or severe.
2. Emotional and Mental Suffering
This covers anxiety, depression, PTSD, insomnia, fear, and loss of enjoyment of life. For example, if you used to enjoy jogging but now can’t due to knee pain, you may be compensated for that emotional loss.
Why Pain and Suffering Matters
Pain and suffering can represent a significant portion of your settlement. In some cases, it even exceeds the amount awarded for medical expenses or lost income—especially in severe or long-term injury cases.
However, because it’s subjective and not easily quantifiable, insurance companies often try to downplay or dispute these damages.
How Insurance Companies Calculate Pain and Suffering
There’s no one-size-fits-all method, but insurers commonly use two main formulas:
1. The Multiplier Method
This method multiplies your economic damages (medical bills + lost wages) by a number—usually between 1.5 and 5—depending on the severity of your injury.
Example:
If your economic damages are $20,000 and the multiplier is 3, your pain and suffering would be estimated at $60,000.
Factors that impact the multiplier include:
- Severity and permanence of the injury
- Type and length of medical treatment
- Recovery time
- Emotional distress and mental health effects
2. The Per Diem Method
This assigns a daily rate (like $100 or $150) to your pain and multiplies it by the number of days you’re expected to suffer.
Example:
If your recovery lasts 120 days and the daily rate is $150, your pain and suffering damages would be $18,000.
The per diem method is less common in insurance negotiations but may be used in court cases.
Factors That Influence the Value of Your Pain and Suffering
Several elements can affect how much you’re awarded:
- Type of injury: More serious or chronic injuries generally lead to higher pain and suffering awards.
- Medical documentation: Detailed records from doctors, therapists, and specialists help support your claim.
- Impact on daily life: If you can no longer do everyday tasks, hobbies, or your job, this increases the value.
- Credibility: Your testimony—and how consistently you describe your pain—can influence how believable your claim is.
- Psychological records: Counseling notes or psychiatric evaluations can help validate emotional distress.
Common Examples of Pain and Suffering
- A broken collarbone that makes it difficult to lift your child
- Anxiety attacks after a car crash that prevent you from driving
- Depression due to permanent scarring or disfigurement
- Loss of sleep due to chronic back pain
- Inability to enjoy sports or hobbies you loved before the accident
Proving Pain and Suffering
Pain and suffering aren’t just about what you feel—they’re about what you can prove. Here’s how to strengthen your case:
- Medical records: These provide objective documentation of your injuries and treatment.
- Personal injury journal: Daily notes about your symptoms, moods, and challenges can show how your injury impacts your life.
- Photos and videos: Visual evidence of injuries and recovery can paint a clearer picture.
- Therapist or counselor notes: These can validate claims of emotional trauma.
- Witness testimony: Friends, family, or co-workers can speak to the changes in your behavior and lifestyle.
Don’t Accept a Lowball Offer
Insurance adjusters often use tactics to minimize your pain and suffering damages, such as:
- Claiming you’re exaggerating your symptoms
- Arguing that your condition was pre-existing
- Downplaying non-visible injuries like whiplash or PTSD
If you receive an offer that seems low, don’t accept it right away. Speak to an experienced personal injury attorney who can review your case and negotiate a fair settlement.
👉 Apply for your FREE Case Evaluation
Our legal team will review your case and help you fight for the full compensation you deserve—including pain and suffering damages.
Final Thoughts
Pain and suffering are real, and they deserve just as much consideration as hospital bills or vehicle damage. Understanding how pain and suffering is calculated in a personal injury case is crucial to ensuring you’re fairly compensated.
Don’t leave money on the table. Make sure you document everything, talk to a qualified attorney, and push back if the insurance company underestimates what your injury has truly cost you.
