When a person is injured due to an accident or negligence, the physical, emotional, and psychological toll can be immense. Beyond the immediate costs of medical bills and lost wages, victims often endure significant pain and suffering that can affect their daily lives for months or even years. In personal injury claims, determining how to quantify this pain and suffering is a complex process. Unlike tangible expenses, such as medical treatment, pain and suffering are subjective and less straightforward to measure. However, this doesn’t mean that these damages can’t be calculated. Below, we explore the methods used to calculate pain and suffering in personal injury claims and how these figures can impact the total compensation awarded.
What is Pain and Suffering?
Before diving into how to calculate pain and suffering, it’s important to understand what this term encompasses. Pain and suffering are broadly divided into two categories:
- Physical Pain and Suffering: This refers to the actual physical discomfort, pain, and limitation resulting from the injury. It includes acute pain (immediate pain after the injury) as well as chronic pain (ongoing pain that persists over time).
- Emotional and Mental Suffering: This includes psychological impacts such as anxiety, depression, stress, fear, or loss of enjoyment of life that arise from the injury. Mental suffering is often harder to quantify but is equally important in determining the total amount of compensation.
Both of these factors can be substantial in a personal injury claim, and their calculation often plays a crucial role in the final settlement or award.
How Are Pain and Suffering Calculated?
Calculating pain and suffering is not as simple as adding up medical bills. Various methods can be used, depending on the specifics of the case, the severity of the injury, and the jurisdiction in which the claim is being made. Here are the most common methods used to calculate pain and suffering:
1. The Multiplier Method
The multiplier method is one of the most widely used techniques in personal injury claims. Under this approach, a number (known as the multiplier) is applied to the total economic damages (also referred to as special damages) that the victim has suffered. These economic damages include medical bills, lost wages, and other financial losses directly tied to the injury.
- Step 1: Calculate the total economic damages. This includes all medical expenses, rehabilitation costs, and lost earnings.
- Step 2: Choose an appropriate multiplier. The multiplier is typically a number between 1.5 and 5, depending on the severity of the injury. Minor injuries may have a multiplier closer to 1.5, while severe injuries that cause long-term disability or pain might have a higher multiplier, such as 5.
- Step 3: Multiply the total economic damages by the chosen multiplier. This gives an estimate of the pain and suffering damages.
For example, if your economic damages amount to $20,000 and the multiplier chosen is 3 (for a moderate injury), your pain and suffering damages would be $60,000.
2. The Per Diem Method
The per diem method is another approach used to calculate pain and suffering. This method involves assigning a daily monetary value to the pain and suffering experienced by the victim. A specific amount is designated for each day of the victim’s pain, typically starting from the day of the accident until the victim reaches maximum recovery (or the point at which the injury can no longer improve).
- Step 1: Determine the daily value for pain and suffering. This figure can vary depending on the nature of the injury and the individual’s circumstances. It may range from $100 to $1,000 or more per day, depending on the severity of the injury.
- Step 2: Calculate the number of days the victim is expected to suffer due to the injury. This can include the period of active treatment and rehabilitation, as well as the time spent dealing with the ongoing pain.
- Step 3: Multiply the daily value by the number of days the victim is likely to experience pain and suffering. This provides an estimate of the damages.
For instance, if the daily value of pain and suffering is $200 and the victim suffers for 120 days, the total would be $24,000 in pain and suffering damages.
3. Using Jury Verdicts and Precedent
In some cases, particularly when a case goes to trial, the calculation of pain and suffering damages can be influenced by previous jury verdicts and similar cases in the same jurisdiction. Legal professionals often reference these precedent cases to guide the determination of fair compensation for pain and suffering.
While this method is less precise than the others, it can be valuable when trying to establish a benchmark or when negotiating a settlement.
Factors That Impact Pain and Suffering Calculations
Several factors influence how pain and suffering are calculated and the amount of compensation a claimant may receive. These factors help determine the multiplier or per diem value used in the calculation:
- Severity of the Injury: More severe injuries (such as spinal cord injuries, brain trauma, or amputations) usually result in higher pain and suffering awards. The longer and more intense the pain, the greater the compensation.
- Duration of Recovery: If the injury is expected to cause long-term or permanent suffering, this can significantly increase the value of pain and suffering damages. Long-term rehabilitation or permanent disability often leads to a higher compensation amount.
- Impact on Quality of Life: Injuries that result in a significant loss of enjoyment of life—such as the inability to participate in hobbies, work, or daily activities—are more likely to lead to a higher pain and suffering award.
- Emotional and Psychological Effects: Injuries that cause psychological trauma or emotional distress, such as PTSD, depression, or anxiety, can significantly increase the compensation for pain and suffering. These factors are often supported by expert testimony from mental health professionals.
- Jurisdictional Variations: Different states and regions have varying laws and approaches for calculating pain and suffering. Some states place caps on non-economic damages, which can limit the total compensation for pain and suffering. It’s important to consult with an attorney familiar with the laws in your jurisdiction.
Challenges in Calculating Pain and Suffering
Despite these methods, calculating pain and suffering is inherently subjective. Unlike medical bills or lost wages, pain and suffering are personal experiences, and each individual’s perception of pain varies. This makes it difficult to assign a definitive value to these damages. Additionally, insurance companies may attempt to downplay the significance of pain and suffering, seeking to settle for lower amounts.
Working with an experienced personal injury attorney can help ensure that your pain and suffering are adequately represented. A skilled attorney can use medical records, expert testimonies, and evidence of the injury’s impact on your life to support a fair calculation of your pain and suffering.
Final Thoughts
Calculating pain and suffering in personal injury claims is a complex process that requires careful consideration of various factors. While the methods for calculating these damages may differ, both the multiplier method and the per diem method aim to quantify the intangible impact of an injury on a person’s life. By working closely with legal professionals and providing comprehensive evidence of the injury’s effects, victims can ensure that their pain and suffering are accurately represented in their claim.