If you’ve been hurt in an accident caused by someone else’s carelessness, you can often seek money to cover your medical bills and lost wages. But you may also be entitled to pain and suffering damages, which are meant to compensate you for the personal and emotional toll of your injury. Unlike medical bills or car repairs, these damages aren’t tied to bills, receipts, or invoices. Instead, they reflect how your life has changed because of the accident.
This can be confusing since there’s no exact formula to measure your pain. Here, we’ll explore common methods for calculating pain and suffering, what factors can impact the final amount, and how a lawyer can help. By knowing these basics, you’ll be better prepared to protect your rights and get the fair relief you need.
What Are “Pain and Suffering” Damages?
In a personal injury case, “pain and suffering” typically falls under non-economic damages, which cover things like:
- Physical Pain: chronic discomfort or lingering injuries after the accident
- Emotional Distress: feelings of anxiety, depression, or post-traumatic stress (PTSD)
- Loss of Enjoyment of Life: no longer being able to participate in hobbies or family events
- Disfigurement or Scarring: permanent changes to your appearance that affect self-esteem
While you can back up your medical expenses with receipts and show proof of your lost wages, pain and suffering is more subjective. Insurance adjusters, judges, and juries might view the same facts slightly differently. Understanding the common approaches can help you negotiate for a fair amount.
Ways To Calculate Pain and Suffering
Even though there’s no one-size-fits-all formula, two popular methods often come up in personal injury negotiations or court proceedings:
Multiplier Method
First, you add together your economic losses (like medical bills and lost wages). Then, you pick a “multiplier” between 1.5 and 5 based on your injuries’ severity. The more serious and long-lasting your injuries, the higher the multiplier. For example, if your economic losses total $20,000 and the multiplier is three, you may seek $60,000 in pain and suffering, making your total claim $80,000.
Per Diem Method
Under this method, a daily rate is assigned—often tied to your daily wage or another benchmark—and multiplied by the number of days you expect to live with pain. If your daily rate is $100 and you’re dealing with pain for 200 days, that adds up to $20,000 in pain and suffering.
These two methods can give you a starting point. In practice, the final number is often a blend of various factors and the insurance company’s or jury’s judgment.
Factors That Affect Pain and Suffering Amounts
Even if you use a common calculation method, many details can change your ultimate compensation:
- The severity of your injuries
- Your recovery time
- Effects on daily life
- Medical proof
- Location and court trends
Insurance companies often try to minimize non-economic damages by suggesting your pain isn’t severe. Having an experienced lawyer who can back up your claims with evidence is a big advantage.
Why Having a Lawyer Helps
Pain and suffering damages are less straightforward than financial costs like hospital bills, so strong evidence is key. A personal injury lawyer can help by:
- Collecting medical records and expert statements to show the extent of your pain and emotional harm
- Preparing you to speak about your daily struggles and the emotional toll of your injuries
- Countering insurance tactics that aim to downplay your suffering
- Negotiating or taking your claim to court if the insurer won’t make a fair offer
- Using past cases to show how similar injuries were valued in your area
In many cases, having a skilled attorney can lead to a higher settlement. Insurance companies tend to treat claims more seriously when a lawyer is involved, especially if that lawyer has a track record of winning in court.
Contact a St. Louis Personal Injury Lawyer for a Free Case Evaluation
Pain and suffering damages are hard to measure, and insurers may try to reduce their payouts. An experienced attorney can gather the right proof, work with expert witnesses, and help you fight for the amount you deserve.
If you’d like to learn more, reach out to Eason Car Accident and Personal Injury Lawyers at (314) 932-1066 for a free case evaluation with a St. Louis personal injury lawyer. With the right legal guidance, you’ll be better equipped to make the most of your claim for compensation.