If you’re injured in an accident that was someone else’s fault, you may receive compensation for physical pain and suffering. These damages typically cover the physical discomfort and emotional distress you suffered in the accident.

Since every case has different facts and circumstances, compensation for pain and suffering depends on the nature of the accident and the severity of the injuries. However, in many personal injury claims, pain and suffering damages amount to over 50% of the total compensation.

Read on to learn how pain and suffering damages are calculated in a personal injury claim.

Understanding Pain and Suffering Damages

Pain and suffering damages refer to the compensation one gets for having to go through emotional, psychological, and bodily pain after an accident. Since pain and suffering don’t have a fixed dollar value, courts usually look at the evidence presented in a personal injury case to determine a fair compensation amount.

Since the degree of pain and suffering differ in type and severity for each victim, the courts usually assess each aspect of pain and suffering, and evaluate its intensity and impact. They then decide on the right amount of compensation based on the evidence presented.

Pain and suffering damages are typically divided into two main categories: bodily pain and suffering and emotional pain and suffering:

Bodily Pain and Suffering

This includes the actual bodily pain and discomfort resulting from an injury. It covers:

  • Immediate pain from the injury itself
  • Chronic pain that persists over time
  • Long-term physical limitations or disabilities
  • Side effects from treatments, surgeries, or medications

Emotional Pain and Suffering

This refers to the psychological and emotional distress caused by the injury. It includes:

  • Anxiety and depression
  • Post-traumatic stress disorder (PTSD)
  • Sleep disturbances or nightmares
  • Loss of enjoyment of life
  • Emotional distress from disfigurement or disability

In some cases, pain and suffering damages may also include loss of consortium, which refers to the negative impact an injury has on relationships with a spouse or family members.

How to Prove Pain and Suffering

To prove pain and suffering, you must show how the injuries have affected your day-to-day living. The best way to do so is by documenting the evidence. Here are some of the documents that can come in handy in proving your pain and suffering:

Medical Records

Your medical records can speak for you since they contain important details about your physical injuries. If you were taken in for emergency treatment, then your medical records would contain everything from your injury diagnosis to the treatment you received.

These documents would also contain other important details such as:

  • X-rays, MRIs, and other medical imaging
  • Prescription records for pain management
  • Physical therapy reports
  • Psychological evaluations (if applicable)

Pain Journal

A personal pain journal can also act as strong evidence in your personal injury case. You should record daily entities describing the pain level and symptoms, as well as how they affect your daily activities. You can also record how you’re feeling, i.e., are you having anxiety, depression, or mental issues?

Testimonies from Family and Friends

Your family, friends, and other people who knew you before you were injured can testify to how the injury affected your day-to-day living.

Employment Records

Your employment records can also speak for you if you’re unable to go back to work after the accident. The record can contain

  • Proof of missed workdays and reduced productivity
  • Statements from employers or coworkers about changes in performance due to pain

These are useful especially if you worked a physically demanding job and now you’re unable to work due to the injuries.

How to Calculate Pain and Suffering

It’s not easy to quantify pain and suffering damages. However, there are a number of ways that insurance adjusters can use to determine the amount that one can be compensated. That said, the two most common ways for calculating these damages are the multiplier and the per diem methods.

The Multiplier Method

This method is the most common method that adjusters use to calculate non-economic damages. This method adds up all the damages, then multiplies it by a number between 1.5 and 5. The multiplier reflects the severity of the injury and its impact on your life. For example:

  • 5 for minor injuries
  • 5 for severe, life-altering injuries

The higher the multiplier, the greater the compensation for these losses.

For example, if you’ve been hurt in an accident and your medical bill amounts to $20,000, you can use a multiplier of 1.5 to work out the damages. In that case, you would request an additional $30,000 in damages, bringing the total to $50,000 for your case. Assuming you use a multiplier of 5 for the same case, then you would request an additional $100,000 in physical and emotional damages.

While this may seem straightforward, the big issue is deciding what multiplier to use. Some of the factors that affect the choice of the multiplier include the degree of fault, duration of lifestyle, or the impact on your lifestyle.

The Per Diem Method

The per diem method is another common method that adjusters use to calculate pain and suffering. Unlike the multiplier method, it assigns a specific dollar amount and then multiplies it by the number of days required for recovery.

For example, if a per diem amount of $100 is applied and your recovery period lasts for 14 days, your pain and suffering claim would total $1,400. Keep in mind, this amount is separate from any special damages claimed for actual financial losses, such as medical bills or lost wages.

While the Per Diem method offers a straightforward way of calculating pain and suffering, it has its own set of challenges, such as:

  • Sometimes, it can be challenging to determine a fair and reasonable per diem amount.
  • Some injuries take longer to heal than others, making it hard to estimate the length of the recovery period.
  • This method only focuses on the immediate impact of the injury but doesn’t account for long-term pain and suffering.
  • For psychological injuries, such as emotional distress, the per diem method can be less effective, as these damages are harder to quantify on a daily basis.

Get Compensated Rightfully

You have a right to be compensated for the pain and suffering you endured during and after an accident. Your insurance adjuster will use methods such as multiplier and per diem to determine the compensation amount.

However, you should note that pain and suffering are subjective, meaning each case is unique. That’s why you should work with an experienced attorney to help you get adequate compensation for your damages.

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