When filing a personal injury claim, the main goal is to get money to make up for the harm you have experienced. This compensation is meant to cover both economic and noneconomic damages.
Economic damages refer to your direct costs and losses after the accident. They include things like medical bills, lost wages, and property damage—expenses you can usually quantify.
Noneconomic damages, on the other hand, can be a bit more complicated. These are your nonmonetary losses, such as emotional distress, loss of quality of life or pain and suffering.
“Pain and suffering” is one of the most common damages in personal injury claims. But what does it mean, exactly? And how can you translate it to a dollar amount?
What is pain and suffering?
As the name suggests, pain and suffering damages compensate you for the pain and suffering you have experienced after the accident. They include both physical and emotional pain.
Here are some examples:
- Ongoing headaches, back pain or joint pain
- Anxiety, depression or post-traumatic stress disorder
- Not being able to participate in hobbies you once loved
- Insomnia or nightmares caused by the accident
- Visible scars that cause shame or self-consciousness
Virtually any injury that causes pain or emotional distress can fall into this category of damages.
What are the calculation methods for pain and suffering?
Lawyers, courts and insurance adjusters use different calculation methods for pain and suffering damages. These include but are not limited to:
- Multiplier method: With this method, you multiply the total amount of economic damages by a number between 1.5 and 5, depending on your injury’s severity.
- Per diem method: This assigns a daily rate for pain and suffering, then multiplies it by the number of days you suffered.
- Computer programs: Some insurance companies use software that considers various factors to calculate pain and suffering amounts.
- Jury decision: In court cases, juries might decide on an amount based on evidence and their judgment of what is fair.
Presenting strong evidence is key to maximizing your compensation amount. However, this can be easier said than done, especially when you are already dealing with an injury.
That said, consider working with a personal injury attorney who can guide you through the process. Aside from gathering evidence, they can help you negotiate with parties involved and seek the fairest amount possible.