When you are injured in an accident, your losses go beyond medical bills, property damage, and lost earnings. You may also endure emotional distress, physical discomfort, and a reduced quality of life. These experiences fall under “pain and suffering.”
In personal injury cases, compensation for pain and suffering can make a significant difference in the outcome of a settlement or award, but how is it calculated? This guide explains how courts, insurance adjusters, and attorneys evaluate these damages.
What Are Pain and Suffering Damages?
Pain and suffering damages cover the physical pain and emotional distress caused by an injury.
This includes things like:
- Physical pain from injuries, surgeries, and recovery
- Emotional distress from the trauma of the accident, such as anxiety or depression
- Loss of enjoyment of life when injuries prevent you from enjoying activities or hobbies
- Loss of consortium, which is a unique type of claim that spouses can file to recover compensation for the loss of support, love, affection, sexual relations, and companionship
Pain and suffering damages fall under general or non-economic damages because they don’t have a clear dollar value. Unlike medical bills or lost wages, you can’t give a receipt to show exactly what you’ve “lost.”
Damages with a financial value are called special or economic damages.
Common Methods for Calculating Pain and Suffering Damages
There is no pain and suffering calculator to determine what your pain, distress, and suffering are worth. These damages are highly dependent on the unique circumstances of your case. However, two common methods are used to estimate what these damages are worth.
The primary methods to calculate pain and suffering are the multiplier method and the per diem method. Both approaches have pros and cons, and the choice often depends on the specific circumstances of the case. Insurance companies often use their own method to calculate these damages.
Note that these methods are used to estimate damages before negotiations. In some personal injury cases, neither method is appropriate. For example, an injury can have a serious, lasting effect, even without extensive medical bills. Visible burns and dog bites are good examples. Dog bites to the face are common injuries in children and result in permanent scarring or disfigurement.
Multiplier Method
The multiplier method is one of the most common ways to calculate pain and suffering damages. With this approach, the court or insurance company multiplies your total economic damages (such as medical bills and lost wages) by a factor, usually between 1.5 and 5. The multiplication factor depends on the severity of the injury and other factors. Life-altering or catastrophic injuries often receive higher multipliers.
The multiplier method is typically used when the injury has a noticeable impact on your daily life and requires extensive treatment. It’s commonly used for long-term or serious injuries with no clear end date for the suffering.
For example, if your medical bills and lost wages total $10,000 and your injury is considered moderately severe, the multiplier might be set at 3. In this case, the pain and suffering damages would be $10,000 x 3 = $30,000.
If your economic losses total $1.6 million and your injury is catastrophic, the multiplier may be set at 5. In this case, pain and suffering damages would be $1,600,000 x 5 = $5,000,000.
Per Diem Method
The per diem (“per day”) method assigns a daily dollar amount to your pain and suffering. This dollar amount is multiplied by the number of days between your accident and the date you reach maximum medical improvement (MMI). This is when further treatment is not expected to improve your condition. It may be when you are fully recovered, but you can also reach MMI with permanent impairment.
This approach works best for short-term injuries with a clear recovery timeline or predictable recovery period.
For example, if the daily rate is $150 and it takes 200 days to reach MMI, the pain and suffering damages would be $150 x 200 = $30,000.
Colossus Software
Insurance companies often use software algorithms to calculate how much pain and suffering is worth. The most common program is called Colossus. Most major insurance companies use Colossus or similar programs.
This software is geared to favor the insurance company and return an unreasonable value for non-economic damages. It has a built-in bias against soft tissue injuries, or “non-demonstrable” injuries that are harder to prove definitively with x-rays or other tests.
Colossus and insurance companies have faced multiple lawsuits over how the software values personal injury claims. It should be used as a tool while allowing insurance adjusters the freedom to use independent judgment.
Factors That Affect Pain and Suffering Damages
Calculating pain and suffering isn’t an exact science.
Many factors come into play, including:
- The severity of the injury. More severe injuries (like spinal cord injuries or serious brain injuries) tend to result in higher pain and suffering awards.
- Duration of recovery. The longer the recovery period, the higher the compensation typically awarded.
- Impact on daily life. If the injury prevents you from performing daily activities or enjoying life as you did before, it can increase the compensation amount.
- Emotional distress. Conditions like post-traumatic stress disorder (PTSD) or anxiety from the accident also increase the value of pain and suffering damages.
- Precedent. Sometimes, precedent is helpful for calculating damages. How much have California courts awarded plaintiffs in similar situations for pain and suffering?
- Evidence. Do you have strong evidence about the impact of your injury on your daily life? This can include testimony from family and friends, expert testimony from medical and occupational therapists, a daily journal during your recovery, and more.
An experienced attorney can help you assess the value of your pain and suffering damages.
Pain and Suffering Settlement Examples
To better understand how pain and suffering damages are calculated, here are some examples. Keep in mind that each case is unique, and these examples are for illustration only.
Example 1: Car Accident With Back Injury
In a car accident case where the plaintiff suffered a herniated disc requiring surgery, the total medical expenses and lost wages amounted to $40,000. A multiplier of 2.5 was assigned, resulting in pain and suffering damages of $100,000. The total damages are $140,000.
Example 2: Slip and Fall With Broken Ankle
A plaintiff suffered a broken ankle in a slip-and-fall accident caused by dangerous property conditions. Medical bills totaled $15,000, and the plaintiff couldn’t work for two months with $6,500 in lost wages. The multiplier was set at 2. This results in $43,000 for pain and suffering, totaling $64,500 in damages.
Example 3: Motorcycle Accident With Permanent Injury
A motorcycle accident leaves a motorcyclist with permanent leg injuries and scarring. With $100,000 in economic damages, the court assigns a multiplier of 4 due to the permanent nature of the injury. The pain and suffering damages totaled $400,000, making the full award $500,000.
These examples highlight how the severity of injury, duration of recovery, and impact on daily life can lead to different outcomes in pain and suffering awards.
A Personal Injury Lawyer Can Help With Your Pain and Suffering Claim
Many factors can affect pain and suffering damages and the overall value of your personal injury claim. An experienced personal injury lawyer will work diligently to gather evidence that documents the impact of your injuries and the other party’s negligence to pursue the full compensation you deserve.
If you have been seriously injured in an accident, Norden Leacox Accident & Injury Law is here to help you. Contact our law office at (407)-801-3000 to schedule a free case evaluation with an Orlando personal injury lawyer. We will help you understand what your case may be worth and your legal options.