What Is Pain and Suffering, and How Is It Calculated?

“Pain and suffering” is a type of non-economic damage in personal injury claims. Courts consider these damages alongside others, including medical bills and lost wages. The fact that pain and suffering damages cannot be easily calculated does not make them any less real. Understanding how these losses are calculated, documented, and limited by law matters when evaluating the compensation available in your case.

If you or a loved one has a personal injury claim, get help from an experienced personal injury attorney. In any personal injury case, it’s helpful to speak with an experienced lawyer who can evaluate your case and explain your legal options.

What Is “Pain and Suffering” in a Personal Injury Lawsuit?

Damages in a personal injury lawsuit are financial compensation based on non-economic and economic losses, supported by evidence, documentation, and expert testimony. Economic damages include medical bills, out-of-pocket costs, lost wages, property damage, loss of earning capacity, and future care costs. Non-economic damages are often subject to damage caps and include pain and suffering, emotional distress, and loss of consortium.

Pain and suffering refers to the physical discomfort and emotional distress that a person may feel after an injury. In a personal injury case, physical pain and emotional distress may be compensable and can cover a range of issues including anxiety, depression, insomnia, and a reduced quality of life.

The severity and duration of the injuries influence the extent of the pain and suffering damages (known as general damages in some jurisdictions). Juries and insurance adjusters may consider how deeply the injuries have affected your life, relationships, and overall well-being when valuing pain and suffering damages.

Disability Damages

Disability damages compensate an individual for physical or cognitive limitations, which may be temporary or permanent. Evidence of temporary or permanent disability may affect the value of a personal injury claim, including both non-economic damages and, in some cases, economic damages.

Disability can include the loss of mobility, independence, and earning capacity. Medical and vocational experts may help explain the extent of a disability and its effect on a person’s daily life and earning ability.

Disfigurement Damages

A disfiguring injury affects a person’s appearance, such as through visible, permanent scarring. Disfigurement may qualify as non-economic damages, including pain and suffering.

These injuries often require extensive medical treatment and can cause long-term emotional harm, including depression, poor body image, and anxiety about how others will react. This can negatively affect a person’s relationships, work life, and ability to enjoy daily activities.

Depending on state law,  permanent disfigurement may be treated as a serious bodily injury, and injuries such as burns, scars, abrasions, nerve damage, and facial injuries are taken into consideration in damages calculations.

Punitive Damages

In some limited cases, injured individuals may be eligible to recover punitive damages. Although they are awarded to the injured party, punitive damages are not related to a specific “loss” or “damage.”

Instead, they are designed to punish the defendant’s misconduct and deter other wrongdoers from engaging in the same conduct.

How Pain and Suffering Damages Are Calculated: The Per Diem Method

The per diem method is one way to estimate pain and suffering damages. It calculates pain and suffering damages by assigning a specific daily dollar rate to discomfort. Once you have that dollar rate, you multiply it by the total number of days the injured person suffered.

Calculating Damages with the Per Diem Method: An Example

Here’s how the per diem calculation works in a typical case. First, you set a daily rate. One approach is to start with the injured person’s daily wage. Treat a day of pain as worth at least a day of work. For example, if you earn $80,000 per year spread across roughly 250 working days, that’s about $320 per day.

Next, you’ll estimate the recovery period. If your doctor expects recovery to take about 180 days, use that number in the calculation. With those two numbers, the per diem calculation is as follows:

• Daily rate: $320
• Recovery period: 180 days
• Pain and suffering total: $320 x 180 days = $57,600

This pain and suffering damages amount is added to your economic damages, such as medical expenses and lost wages, to help calculate the full value of your claim. It’s an easy-to-follow method that ties your daily suffering to a specific number.

What Type of Cases Are Best for the Per Diem Approach?

The per diem approach is often easier to apply when determining compensation for pain and suffering in cases with a defined recovery window.

The per diem rate may not be best for permanent injuries, permanent disabilities, chronic pain, or ongoing conditions such as anxiety, depression, mental anguish, and post-traumatic stress disorder (PTSD) with no clear end date.

Evidence Needed To Support a Claim

When you use the per diem method, insurance companies may push back. They may dispute the daily rate you propose or the recovery period you claim. You must substantiate your injuries and proposed recovery with documentary support.

Medical records, physician statements, and other supporting documentation can help establish the severity of your injuries and their impact on your life. In some cases, you may need expert testimony. Evidence that may help support a personal injury claim includes:

• Medical treatment records and physician statements describing your physical injuries
• Personal pain journals documenting the daily impact on quality of life and symptoms of physical pain, emotional pain, and loss of enjoyment of life
• Testimony from family, friends, and coworkers on lifestyle changes
• Expert evaluations from medical and mental health professionals
• Photos, prescriptions, and records of therapy and ongoing care
• Documentation showing other special damages (damages that can be calculated with an exact dollar amount) such as lost income and other financial losses related to the injury

What Are Damage Caps in Personal Injury Cases?

Damage caps are legal limits on how much a person can recover for certain types of damages. Damage caps can significantly affect the total compensation available for a claim and may limit non-economic recovery. They vary by state; some jurisdictions cap pain and suffering, while others do not.

For example, states often limit damages in medical malpractice cases. These caps can influence personal injury settlement offers. Consult a local attorney experienced in personal injury law to understand the compensation limits that apply to your case.

Find an Experienced Personal Injury Lawyer To Obtain Fair Compensation

Pain and suffering damages can vary widely from case to case. While pain and suffering can be difficult to measure, its effects are real and often long-lasting. An experienced personal injury lawyer in your area can help you understand your legal options and guide you through your claim from start to finish, whether it goes to trial or settles.