Pain and Suffering Damages in a Personal Injury Case

Individuals who sustained an injury often have to worry about more than just the outward visible physical trauma. Unfortunately, particularly for moderate to severe injuries, individuals can experience a range of pain and suffering at a physical, psychological, and emotional level. To account for this, personal injury claims often allow individuals to recover “pain and suffering” damages, which are actually classified as non-economic damages. Here, we want to define these damages, but we encourage you to speak to a skilled Orange County personal injury lawyer who can help you if you have been harmed due to the negligent actions of someone else.

Defining Pain and Suffering Damages

Pain and suffering damages refer to the non-economic (more immeasurable by typical methods) damages that a person endures as a result of an injury. These damages go beyond the tangible financial costs and cover the more subjective impacts of an injury. Pain and suffering can encompass:

• Physical Pain. This includes the actual physical discomfort and pain resulting from the injury. It can range from minor aches to severe, debilitating pain that affects daily life.
• Emotional Distress. Injuries can lead to significant emotional impacts, including anxiety, depression, fear, and trauma. Emotional distress considers how the injury affects the individual’s mental health and well-being.
• Loss of Enjoyment of Life. When an injury prevents someone from enjoying activities and hobbies they once loved, it can be considered pain and suffering damages. This includes the inability to participate in sports, recreational activities, or other forms of personal enjoyment.
• Loss of Consortium. This refers to the impact of the injury on the victim’s relationships, particularly the loss of companionship or intimate relations with a spouse or partner.

Calculating Pain and Suffering Damages

Calculating pain and suffering damages can be challenging due to their subjective nature. Unlike economic damages, such as medical bills and lost wages, pain and suffering do not have a clear monetary value. However, there are common methods used to estimate these damages:

Multiplier Method

The multiplier method involves multiplying the total amount of economic damages by a certain number, usually between 1.5 and 5. The multiplier chosen depends on the severity of the injury and the extent of the pain and suffering endured. For example, if the economic damages amount to $20,000 and a multiplier of 3 is applied, the pain and suffering damages would be $60,000.

Per Diem Method

The per diem method assigns a daily value to the pain and suffering experienced and then multiplies this amount by the number of days the victim is expected to experience pain. For instance, if a daily rate of $100 is assigned and the victim is expected to suffer for 200 days, the total pain and suffering damages would be $20,000.

Hybrid Method

In some cases, a combination of the multiplier and per diem methods is used. This approach can provide a more accurate reflection of the pain and suffering endured, especially in complex cases where the injury has long-term impacts.

Factors Influencing Pain and Suffering Damages

Several factors can influence the amount awarded for pain and suffering damages in a personal injury case. These include:

• Severity of the Injury. More severe injuries generally result in higher pain and suffering damages due to the greater physical and emotional impact on the victim.
• Duration of Recovery. The amount of time it takes for the victim to recover can affect the amount of damages. Longer recovery periods typically result in higher compensation.
• Impact on Daily Life. If the injury significantly disrupts the victim’s daily activities and quality of life, this can lead to higher pain and suffering awards.
• Medical Evidence. Detailed medical documentation that outlines the extent of the injury, the treatment required, and the prognosis can support the claim for pain and suffering damages.
• Testimony. Statements from the victim, family members, and friends can provide insight into how the injury has affected the victim’s life, supporting the claim for non-economic damages.

An experienced personal injury attorney can help you evaluate the value of your pain and suffering damages. Reach out to our firm today to schedule a free consultation.