When you’re injured in an accident, your losses go far beyond just medical bills or property damage. The physical pain, emotional trauma, and lifestyle changes can be overwhelming and compensating for these non-economic damages is a key part of most personal injury claims. At Rimrock Law Firm, we understand how difficult it can be to put a dollar amount on pain and suffering. That’s why working with a skilled personal injury lawyer is essential. They know how to calculate these damages accurately and present your case effectively.
According to the U.S. Department of Justice, more than half of all civil tort trials involve personal injury cases, with car accidents accounting for the majority. Yet, the most disputed and misunderstood part of a claim is often pain and suffering.
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What Is Pain and Suffering?
“Pain and suffering” refers to the physical and emotional distress caused by an injury. It includes not just the pain you felt during and after the accident, but also any long-term discomfort, anxiety, depression, loss of enjoyment of life, PTSD, or loss of companionship due to disability or disfigurement.
While medical bills have receipts, pain and suffering does not and this is where the experience of a personal injury lawyer becomes crucial. They can gather evidence such as medical reports, mental health records, and testimony from family and friends to support your claim.
Types of Pain and Suffering
Pain and suffering is typically divided into two categories:
1. Physical Pain and Suffering
This includes ongoing discomfort, limitations in mobility, and future pain related to the injury. Chronic back pain, nerve damage, or long-term disability can fall under this category.
2. Emotional Pain and Suffering
This includes psychological conditions such as insomnia, anxiety, depression, and trauma. For example, someone who develops panic attacks after a serious crash may be eligible for emotional suffering damages.
A seasoned personal injury lawyer will work with medical experts and therapists to document these conditions and their impact on your life.
How Is Pain and Suffering Calculated?
Since there is no fixed formula for valuing pain and suffering, courts and insurance companies generally use one of two methods. Your personal injury lawyer will choose the approach that best supports your case.
The Multiplier Method
This is the most common technique. Your lawyer adds up your total economic damages (medical bills, lost wages, etc.) and multiplies that number by a factor between 1.5 and 5, depending on the severity of your injuries. For example:
- $30,000 in medical bills × 3 = $90,000 in pain and suffering
More serious injuries, such as spinal damage or traumatic brain injury, warrant a higher multiplier.
The Per Diem Method
This method assigns a daily dollar value to your pain and suffering and multiplies it by the number of days you’ve been affected. For example:
- $200 per day × 180 days = $36,000
A personal injury lawyer will help justify the daily rate based on your income and level of hardship.
Factors That Influence the Value of Pain and Suffering
Each case is different, but several common factors can influence the value of your claim:
- Severity and type of injury
- Length of recovery time
- Permanency of the injury or disfigurement
- Impact on lifestyle or daily activities
- Emotional and psychological distress
- Credibility of the victim and supporting witnesses
A personal injury lawyer will analyze these variables and provide documentation to support your pain and suffering claim. This often includes photographs, expert opinions, therapy records, and personal journals.
Why You Need a Personal Injury Lawyer
Insurance companies often try to minimize or deny pain and suffering damages. Without legal representation, many victims accept far less than their claim is worth. A personal injury lawyer knows how to:
- Quantify non-economic losses
- Negotiate with insurers on your behalf
- Build a strong narrative using expert witnesses
- Present a compelling case in court, if necessary
At Rimrock Law Firm, our personal injury lawyers focus on maximizing every aspect of your recovery, not just the parts that come with a receipt.
Conclusion
Pain and suffering is one of the most difficult yet important elements of a personal injury case. Because it doesn’t come with a price tag, it takes legal skill and persuasive evidence to prove. If you or a loved one has been injured due to someone else’s negligence, don’t leave your claim to chance. Contact a trusted personal injury lawyer to help ensure that your physical and emotional suffering is taken seriously and fairly compensated.
For more on civil injury statistics and court outcomes, visit the Bureau of Justice Statistics.
