A Guide To How Pain And Suffering Damages Are Calculated

Today’s topic: Pain and suffering compensation

If you’ve ever been in an accident, you know the true cost isn’t just about the crumpled car or the initial hospital visit.

It’s the sleepless nights, the chronic pain that turns simple tasks into monumental chores, and the frustration of not being able to enjoy life the way you used to. These are the invisible injuries, and they matter.

Furthermore, while medical bills are easy to add up, putting a price tag on emotional trauma feels impossible. This is a common struggle, as every year, millions of people require medical attention for injuries.

In 2023 alone, 62 million people in the U.S., about one in five, needed to see a doctor for an injury.

In this blog, we will break down the complex concept of pain and suffering damages. We will explain the follwoing things:

• What is pain and suffering?
• Types of non-economic damages.
• How courts calculate pain and suffering compensation.
• What impacts your compensation amount for pain and suffering?
• Why should you hire a lawyer for your pain and suffering compensation?

Therefore, to know about these, keep reading!

Pain And Suffering Compensation: What Exactly Counts As “Pain And Suffering?”

In the legal world, courts and legal professionals divide the damages into two main categories:

1. Economic damages.
2. Non-economic damages.

Think of it like this: Economic damages are the receipts. They are the tangible, calculable costs like medical bills, lost wages, and property damage.

Non-economic damages, or ‘pain and suffering,’ are the impact those injuries have on your life. They don’t come with a neat price tag, but they are just as real.

That is exactly what pain and suffering are when it comes to claiming compensation and filing for damages.

The Different Types Of Non-Economic Damages

The term “pain and suffering” includes many different forms of harm that can result from an injury.

• Physical pain.
• Emotional Distress.
• Loss of Enjoyment of Life.
• Loss of Consortium.

Additionally, there’s also the pain and suffering compensation for permanent disability or disfigurement. This would include the long-term impact from a lasting injury, such as loss of limb or independent function.

The potential for this type of injury is significant. For example, as per Hopkins Medicine, approximately 795,000 Americans face permanent disabilities each year due to medical mistakes.

This is something that serves as part of the chain of events leading up to their injury. Therefore, the potential impact on someone’s life caused by an injury is severe.

Pain And Suffering Compensation Calculation: How Courts Determine The Amount?

Here are some of the ways in which the court signifies or calculates the amount of money that you can get as pain and suffering compensation:

The Two Primary Calculation Methods

While there’s no perfect formula, insurers and lawyers use two common starting points to quantify these damages.

The first is the Multiplier Method, which is the most common approach. The formula is simple: your total economic damages are multiplied by a number, usually between 1.5 and 5.

A minor sprain might get a 1.5 multiplier, while a permanent, debilitating injury could warrant a 5.

The second is the Per Diem Method. This is the by-the-day approach. For instance, a daily rate (the per diem) is established and then multiplied by the number of days you suffered from your injuries.

This daily rate is often based on your daily earnings, arguing that the effort of dealing with pain is at least equal to the effort of working.

Which Method Is Used When?

The method used often depends on the type and duration of the injury.

Feature	Multiplier Method	Per Diem Method
Basis of Calculation	Multiplies actual economic costs (medical bills, lost wages).	Assigns a daily dollar amount to a recovery period.
Best Suited For	Serious, long-term, or permanent injuries with high economic costs.	Shorter-term, recoverable injuries with a clear recovery timeline.

What Can Impact Your Final Pain and Suffering Compensation?

Here are two of the things that can strongly impact the pain and suffering compensation amount:

1. The Severity And Permanence Of Your Injury

Firstly, the single biggest factor is the nature of the injury itself. A broken leg that heals completely will result in a lower award than an injury that requires lifelong care or leaves permanent scarring.

Moreover, the more extensive and well-documented your medical treatment is, the stronger the case you have for a higher multiplier or a longer per diem period.

2. The Power Of Strong Documentation

Secondly, you can’t just tell an insurance company you’re in pain; you have to prove it. Your claim needs to be backed by solid evidence.

For instnace, this includes the following:

• Comprehensive medical records.
• Receipts for all medications.
• Photos or videos of your injuries over time.
• Notes from any therapy sessions.
• A personal pain journal detailing your daily struggles.

Pain And Suffering Compensation: Why You Shouldn’t Seek It Alone

The role of an insurance adjuster is to pay out as little as possible for claims. Therefore, they have proper training to do that.

Furthermore, the pain and suffering as a result of injury are subjective. Thus, the adjuster will do everything possible to provide the lowest number.

Besides, research has shown repeatedly that if you hire an attorney to represent you in your case, you will be much better off in terms of your settlement.

The Insurance Research Council has published several studies. According to one of them, claimants who hired an attorney for their personal injury claim received settlements that were, on average, 3.5 times larger than those who represented themselves.

Another study found that claimants who hired an attorney and settled their claim received $77,600, while those who represented themselves received $17,600.

A qualified and experienced personal injury lawyer knows the importance of gathering the proper evidence for your case.

Additionally, they have the ability to:

• Articulate a compelling story of your suffering.
• Understand the law.
• Have knowledge of precedents.

All of this allows them to negotiate the best settlement for you.

They represent the clients when legally fighting the insurance company. Additionally, they ensure the court takes non-economic damages seriously and values them appropriately. 

The laws around these types of damages can be complicated and vary by state. For instance, California recently passed legislation – SB 447.

This allowed a family member to seek a pain and suffering compensation of a victim who died before the resolution of their claim.

This significantly changed the law in California. However, it was temporary and expired on January 1, 2026. This shows how quickly the legal landscape changes!

Your Recovery Is Worth More Than Just the Receipts

In conclusion, as already established, the term “pain and suffering” refers to both a sense of loss and an objective measure of how much you are owed for the injuries you sustained due to another person’s negligence.

The court measures the loss in dollars when it uses the multiplier or per diem method. However, finally, the exact amount of money that you get as your pain and suffering compensation depends on the following things:

• Magnitude of the injuries you sustained.
• The proof and quality of evidence you have related to your injuries.
• How effectively your attorney advocates on your behalf.

Ultimately, your health is an extremely valuable asset that you have. When another person’s negligence robs you of that value, you deserve to get the compensation in totality.

And that is for every aspect of the loss you experienced due to their irresponsibility, including those losses that do not generate any type of invoice.