How Do Lawyers Calculate Pain and Suffering?

You are entitled to claim both economic and non-economic damages when injured in an accident and you file a personal injury claim. Economic damages compensate for all tangible and monetary losses, while non-economic damages cover intangible losses. One essential compensation sought under non-economic damages is pain and suffering.

However, since pain and suffering are intangible and subjective, how do lawyers calculate them? In this blog, we’ll break down how lawyers calculate pain and suffering and discuss the factors that influence the amount you’re likely to receive. We will also cover what defines pain and suffering in a personal injury claim.

Our Terry Bryant Accident & Injury Law attorneys can help you calculate your pain and suffering damages and other losses. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free case evaluation.

Why Choose Our Personal Injury Lawyers to Represent You?

At Terry Bryant Accident & Injury Law, we know how challenging the days and months after a car accident can be. If you sustained a catastrophic injury, your life might not be the same, and you might face a disability for life, meaning there’s no end to your pain and suffering. As a result, while we offer you compassionate support, we will aggressively go after the party that harmed you.

Our personal injury lawyers will help you investigate the accident, gather evidence, and tell you the worth of your claim. We have a track record of successful cases with favorable settlements and can help you get maximum compensation. Contact us to learn more about our services and how we can help you get enough compensation to move your life forward.

We can simplify the claims process and increase your likelihood of receiving pain and suffering compensation.  

What Amounts to Pain and Suffering in Personal Injury Claims?

Pain and suffering is an umbrella term for the physical and emotional harm an accident causes. Generally, when asking for pain and suffering damages in a personal injury claim, the law looks at physical pain from injuries as well as mental suffering. Proving these two increases the amount you can get as compensation. Let’s examine them more closely.

Physical Pain From Injuries

Physical injuries will undoubtedly come with pain. Here’s how physical pain from injuries plays out:

• Immediate Physical Pain: Acute pain from an injury might occur immediately after an accident. This is common with wounds like fractures, sprains, cuts, or burns. Initial pain can be intense and debilitating and requires medication to manage.
• Chronic Pain: This pain lasts longer than three months and might persist or come and go. Some injuries, like back injuries, nerve damage, or severe fractures, result in chronic pain. It can affect how a person lives their everyday life and quality of life, often requiring ongoing treatment.
• Recovery and Rehabilitation Pain: Some injuries require the injured party to undergo surgery, physical therapy, and other treatment. These can be painful and hard to endure; sometimes the pain lingers even after healing.
• Mobility Limitations: Injuries sometimes lead to disabilities, making moving around and performing everyday tasks painful. For example, you might find it challenging to walk, lift objects, or sit for an extended time.

Pain from injuries is not visible, and it is hard to determine the level of pain a person is in. Also, different people have different levels of pain tolerance, so what might be extremely painful to one person might be mild pain for another. Therefore, medical records are needed when calculating damages for physical pain, and each person’s unique situation is considered.

Mental Suffering

The accident experience and injuries can also cause mental suffering. Mental suffering manifests as:

• Emotional Distress: The trauma of an accident can lead to emotional issues like anxiety, depression, or post-traumatic stress disorder (PTSD). You may experience flashbacks, nightmares, or a heightened sense of fear and stress.
• Impact on Relationships: Mental suffering can strain relationships with family, friends, and colleagues. This is because the accident can affect your mental health, causing emotional changes that can lead to misunderstandings and conflicts.
• Loss of Enjoyment of Life: The physical and emotional pain from an accident can lead to loss of enjoyment of life. You might find that the activities you used to love are no longer fun or you can no longer engage in them, leading to sadness and frustration.
• Cognitive Impairments: If an accident leads to traumatic brain injuries, it might affect memory, concentration, and decision-making abilities. All of these can worsen mental suffering.

Physical pain and mental suffering are connected. Chronic pain can worsen emotional distress, and being emotionally distressed can, in turn, heighten the physical pain. Therefore, after an accident, it is vital to get a comprehensive treatment that addresses both the physical and mental aspects of the injury.

We have the resources, staff, and knowledge needed to help you hold the party responsible for your pain and suffering accountable and ensure they pay fair compensation.

How Do Attorneys Calculate Pain and Suffering?

Lawyers rely on two calculation methods, the multiplier method and the per diem method, to calculate pain and suffering damages.

Multiplier Method

The multiplier method is the most commonly used method for calculating pain and suffering damages in a personal injury case. It involves calculating the total amount of economic damages and multiplying them by a variable, which is a number from X to Y; the more severe the injury, the higher the number.

So, suppose you incurred $120,000 in damages, and the variable is 3; your pain and suffering damages would be $360,000. In choosing a variable, we will consider the following factors:

• The injury severity
• The expected recovery duration
• The injury’s impact on your life
• The clarity of the other party’s liability.

The Per Diem Method

Another common approach used by lawyers to calculate pain and suffering damages is the per diem method. Here, a specific dollar amount is assigned and multiplied by the number of days the victim suffered. For example, if the pain and suffering lasted for 60 days, and a daily rate of $200 was assigned, the pain and suffering compensation would be $12,000.

Adjustments can be made when choosing the per diem value or the variable in the multiplier method. The adjustment made when calculating pain and suffering compensation depends on the following:

• The consistency of the victim’s diagnosis
• Permanent impact of the accident
• The recovery period
• The victim’s credibility
• Availability of good medical support.

Proof Required When Seeking Pain and Suffering Damages

Proving pain and suffering in a personal injury case can be challenging because it involves demonstrating both physical and emotional distress. The following is the proof required:

• The records of all medical treatments, including ambulance fees, hospital stays, surgeries, physical therapy, and prescription medications
• The diagnoses, treatment plans, and progress notes from healthcare providers
• Statements from medical professionals who can testify to the severity of the injuries and the expected recovery process
• Your account and that of loved ones of the pain and suffering, including descriptions of physical pain, emotional distress, and how the injury has affected your daily life
• Photos and videos showing your injuries, the accident scene, and the physical limitations or changes in your lifestyle due to the injury
• Testimony from mental health professionals, such as therapists or psychologists, who treated you for emotional distress, anxiety, depression, or PTSD resulting from the accident.

Let Us Help You Calculate Your Pain and Suffering Damages

No one deserves to live in pain, so if an accident injury leaves you in pain and takes away the joy you found in life, you deserve compensation. Our Terry Bryant Accident & Injury Law team will effectively gather and present relevant evidence. We will also help you calculate your pain and suffering damages based on your case’s unique facts. Contact us now at (713) 973-8888 for a free case review.