If you’ve been hurt in an accident due to someone else’s negligence, you may be entitled to compensation for more than just your medical bills and lost wages. You can also seek damages for “pain and suffering.”
In the context of a personal injury claim, “pain and suffering” refers to the physical discomfort, emotional distress, and overall reduction in your quality of life resulting from your injuries.
Unlike economic damages, which have a clear dollar value (like a hospital bill), pain and suffering is subjective and harder to quantify. How do you put a price on sleepless nights, anxiety, or the inability to enjoy your hobbies?
Understanding how pain and suffering settlements work is crucial if you’re pursuing a personal injury claim. This article will cover common methods for calculating these damages, provide real-world pain and suffering settlement examples, and offer guidance on how to prove your claim.
What Constitutes Pain and Suffering in a Personal Injury Claim?
In personal injury cases, damages are generally divided into economic and non-economic categories.
Economic vs. Non-Economic Damages
Economic damages are the tangible losses that are easy to put a price tag on. These damages might include medical bills, lost wages, and property damage.
Non-economic damages are the intangible losses that are much harder to quantify. These damages include physical pain, emotional distress, mental anguish, loss of enjoyment of life, and disfigurement.
What’s Included in Pain and Suffering?
Pain and suffering covers a lot of ground, including:
- Physical pain, both current and anticipated, resulting from the injury.
- Emotional distress, including anxiety, depression, fear, and other psychological impacts of the injury.
- Loss of enjoyment of life, referring to your inability to participate in activities you once enjoyed.
Methods for calculating pain and suffering compensation
How do the courts decide how much to award for pain and suffering? Here are two main methods they use:
The multiplier method
With the multiplier method, the court adds up your economic damages — medical bills, lost wages, property damage, and so on — and multiplies that total by a number between 1.5 and 5. The exact number depends on how serious your injury was.
For example, let’s say your economic damages totaled $60,000. If the court uses a multiplier of 3, then your pain and suffering would be valued at $180,000.
When deciding what multiplier to use, the court will consider the severity of your injury, how long your recovery is expected to take, and how much the injury has affected your daily life.
The per diem method
With the per diem method, a dollar amount is assigned to each day you experience pain and suffering. This amount is often tied to your recovery period or to the time until you reach what’s known as “maximum medical improvement” (MMI).
Say the court decides to award you $250 for each day you experience pain and suffering, and your recovery takes 180 days. In that case, the pain and suffering portion of your award would be $45,000.
Which method is better?
The multiplier method tends to work best when you have long-term or permanent injuries. The per diem method is often used for injuries when there’s a clearly defined recovery period.
Real-Life Pain and Suffering Settlement Examples
It’s hard to say what your pain and suffering is “worth,” but looking at some real-world examples can give you a general idea. Keep in mind that every case is different, and the amount awarded will vary depending on the specific circumstances.
Car Accident Settlements
Car accidents are one of the most common reasons people seek compensation for pain and suffering. Here are a few examples:
- $1,900,000 Settlement: A person was rear-ended by a company vehicle and sustained severe injuries. This illustrates how significantly a life-altering injury can impact a settlement.
- $505,025 Settlement: A T-bone collision involving a delivery van resulted in injuries. This shows how collisions with commercial vehicles can lead to substantial compensation.
- $135,000 Settlement: Internal injuries were sustained in a car accident in Pasco County, Florida.
Slip and Fall Settlements
Slip and fall cases can be complex, with settlements influenced by factors like prior incidents at the location and employee depositions. The settlements vary greatly depending on the severity of the injury and the degree of liability.
Medical Malpractice Settlements
Medical malpractice cases are often particularly complex, requiring expert testimony to prove negligence and the resulting pain and suffering. Some states also place caps on the amount of non-economic damages (like pain and suffering) that can be awarded.
For example, in California, there’s a $250,000 cap on non-economic damages in medical malpractice cases. Texas also has a cap of $250,000 per defendant, with a maximum of $750,000 across multiple defendants.
What factors influence pain and suffering settlement amounts?
It’s tough to put an exact dollar figure on pain and suffering, but here are some key elements that tend to influence settlement amounts.
Severity and duration of injuries
The more serious the injury, the larger the settlement tends to be. Here’s a rough breakdown:
- Minor injuries: Settlements in the $5,000 to $15,000 range
- Moderate injuries: Settlements in the $20,000 to $50,000 range
- Severe injuries: Settlements that can easily exceed $100,000
Impact on daily life
If your injury has kept you from working, enjoying your hobbies, or even performing basic daily tasks, that will increase the value of your claim. Experiencing emotional distress, mental anguish, anxiety, or depression as a result of the injury can also boost the potential settlement amount.
Evidence and documentation
The more evidence you have, the better. You’ll want to gather medical records that document the extent of your injuries and the treatment you’ve received. Many people also keep pain journals to record their daily pain levels and how the injury has affected their routines. Witness statements can also be helpful, as they can provide an account of the accident and how it has affected your life.
Legal representation
An experienced attorney can really make a difference in the amount of compensation you receive. A lawyer can build a strong case on your behalf and negotiate effectively with the insurance company. Insurance companies are known to use tactics to minimize payouts, and a good attorney will know how to counter those tactics.
Proving Pain and Suffering in a Personal Injury Case
Getting a settlement for pain and suffering means demonstrating to a judge or jury the real impact the injury has had on your life. Here’s how lawyers build that case.
Gathering and Presenting Evidence
Solid documentation can make or break a claim for pain and suffering. The most important pieces of evidence include:
- Medical Documentation: Complete medical records, treatment plans, and notes from your doctors are essential.
- Expert Testimony: Doctors and other medical professionals can give their professional opinion on the extent of your injuries and what caused them.
- Personal Testimony: Your own description of the pain, suffering, and limitations you’ve experienced is critical.
Maintaining a Pain Journal
A pain journal can be a powerful tool. It’s a record of your daily pain levels, the activities that are affected, and the emotional toll the injury has taken.
When keeping a pain journal, be detailed, consistent, and, above all, honest in your entries.
Utilizing Witness Statements
Witnesses can help paint a picture of what happened and how the injury has changed your life.
Statements from family, friends, and coworkers can add weight to your claim by showing how the injury has affected your relationships, your ability to work, and your overall well-being.
Negotiating Pain and Suffering Settlements with Insurance Companies
Dealing with insurance companies after an injury can be tough. They’re often looking to minimize payouts, which can mean questioning how badly you’re hurt or even disputing who’s at fault.
One tactic they sometimes use is trying to blame your pain and suffering on a pre-existing condition.
So, how do you navigate these negotiations?
Here are some important strategies:
- Document everything. Keep detailed records of all your injuries, medical treatments, and lost wages. The more evidence you have, the stronger your case will be.
- Get legal counsel. An attorney experienced in personal injury cases can negotiate on your behalf and make sure your rights are protected.
When should you accept a settlement offer? Think about the extent of your damages, how strong your case is, and whether you might get a better settlement if you go to trial. Most importantly, talk to your attorney to get their professional opinion about whether the offer is fair, given the details of your case.
Wrapping Up
Understanding how pain and suffering damages work is crucial if you’re considering a personal injury claim. While it can be challenging to put a dollar figure on the emotional and physical distress caused by an injury, it’s an important part of being made whole after an accident.
Building a strong case for pain and suffering means keeping careful records, gathering compelling evidence, and securing the help of a skilled attorney. With a well-documented case and effective legal representation, you may be able to recover significant compensation for the pain and suffering you’ve endured.
If you’ve been injured due to someone else’s negligence, contact a personal injury attorney to explore your options and maximize your chances of a fair settlement. Don’t leave money on the table – get the legal advice you need to protect your rights.