When someone is injured due to another party’s negligence, they can seek compensation for more than just medical bills and lost wages. In personal injury cases, victims may also receive damages for pain and suffering, which include physical pain, emotional distress, and the overall impact on quality of life.
However, pain and suffering damages are more challenging to calculate than tangible expenses like hospital bills. Insurance companies and courts use specific methods to determine a fair compensation amount.
This article explains how pain and suffering are calculated, what factors affect compensation, and how victims can maximize their claims.
1. What Are Pain and Suffering Damages?
Pain and suffering refer to the physical and emotional distress a person experiences after an accident. These damages are considered non-economic, meaning they don’t have a direct monetary value like medical expenses.
Pain and suffering damages may include:
- Physical Pain – Ongoing discomfort from injuries, chronic pain, or required surgeries.
- Emotional Distress – Anxiety, depression, PTSD, or psychological trauma caused by the accident.
- Loss of Enjoyment of Life – Inability to participate in hobbies or activities due to the injury.
- Loss of Consortium – The impact on relationships with a spouse or family members.
- Permanent Disfigurement or Disability – Scarring, amputation, or long-term mobility issues.
Because these damages are subjective, courts and insurance companies use different methods to assign a monetary value.
2. Methods Used to Calculate Pain and Suffering
There are two primary methods insurance companies and courts use to calculate pain and suffering damages:
A. The Multiplier Method
- The most common approach, the multiplier method, calculates pain and suffering by multiplying actual economic damages (such as medical bills and lost wages) by a number, usually between 1.5 and 5.
- The multiplier depends on the severity of the injury and its impact on the victim’s life.
Example of the Multiplier Method:
- Medical expenses: $20,000
- Lost wages: $10,000
- Total economic damages: $30,000
- Multiplier: 3 (based on severity)
- Pain and suffering calculation: $30,000 x 3 = $90,000
In this example, the victim would receive $90,000 in pain and suffering damages, in addition to the $30,000 in economic damages.
B. The Per Diem Method
- The per diem (Latin for “per day”) method assigns a daily value to pain and suffering and multiplies it by the number of days the victim experiences distress.
- The daily rate is often based on the victim’s daily wage or a reasonable estimate of suffering.
Example of the Per Diem Method:
- The victim is injured for 120 days before making a full recovery.
- The assigned daily rate is $200 per day.
- Pain and suffering calculation: $200 x 120 = $24,000.
The per diem method is more commonly used in short-term injury cases, while the multiplier method is favored for long-term injuries.
3. Factors That Affect Pain and Suffering Compensation
Several factors influence the final compensation amount for pain and suffering damages:
- Severity of Injury – More serious injuries (such as spinal damage or brain trauma) result in higher pain and suffering compensation.
- Duration of Recovery – Long-term or permanent injuries increase damages compared to short-term recovery periods.
- Medical Treatment Needed – The extent of medical intervention, including surgeries, physical therapy, and mental health counseling, affects calculations.
- Impact on Daily Life – If injuries prevent the victim from working, engaging in hobbies, or performing daily tasks, the damages increase.
- Pre-existing Conditions – Insurance companies may try to reduce compensation by arguing that pain was due to prior health conditions rather than the accident.
- Comparative Negligence – In California, which follows a pure comparative negligence rule, compensation is reduced if the victim is found partially at fault.
For example, if a victim is 20% responsible for an accident, their total damages are reduced by 20%.
4. How Insurance Companies Try to Minimize Pain and Suffering Claims
Insurance companies often try to undervalue or deny pain and suffering damages by:
- Arguing the injury is not severe enough to justify a high multiplier.
- Claiming pre-existing conditions contributed to the pain.
- Using low daily rates in per diem calculations.
- Questioning gaps in medical treatment to suggest the injury wasn’t serious.
- Using software programs (like Colossus) that rely on statistical data rather than individual suffering.
Having a personal injury attorney negotiate on your behalf can prevent insurance companies from using these tactics to reduce your compensation.
5. Proving Pain and Suffering in a Personal Injury Case
Because pain and suffering damages are subjective, victims must provide strong evidence to support their claim. Useful documentation includes:
- Medical records – Doctor’s notes, treatment history, and prescriptions for pain relief.
- Therapist evaluations – If you sought counseling for PTSD, anxiety, or depression caused by the accident.
- Pain journals – A daily log documenting pain levels, emotional distress, and how the injury impacts daily life.
- Witness statements – Testimony from family, friends, or co-workers about how your injury has affected you.
- Expert testimony – Medical professionals or mental health experts can validate your claims.
The more concrete evidence you have, the stronger your case for higher pain and suffering damages.
6. Maximizing Your Pain and Suffering Compensation
To increase your chances of receiving fair compensation, follow these steps:
- Seek medical treatment immediately to document your injuries.
- Follow all doctor’s recommendations to avoid claim denials.
- Keep a pain journal describing daily struggles and limitations.
- Avoid making statements to insurance companies without legal guidance.
- Hire an experienced personal injury attorney who can negotiate effectively and take your case to trial if necessary.
A skilled attorney can push back against insurance companies’ lowball offers and ensure you receive fair compensation for your suffering.
How We Can Help
At KMSD Law, we understand that pain and suffering damages are essential to personal injury settlements. Our experienced attorneys will:
- Gather evidence to support your claim for maximum compensation.
- Negotiate aggressively with insurance companies to prevent low offers.
- Consult medical and mental health experts to validate your suffering.
- Take your case to trial if necessary to secure the damages you deserve.
We offer free case consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact KMSD Law today to discuss your personal injury claim and fight for the compensation you deserve.