May 18th, 2023
Paulozzi Joseph

Personal injury lawsuits can be stressful, both mentally and physically. If you or any of your loved ones have ever been through one, you would know the feeling of constant worry and anxiety that comes with it. 

Apart from physical injuries, pain, suffering, mental anguish, depression, and other non-economic losses can also result from an accident. Medical bills, treatment, and loss of wages can be financially draining, holding a lasting impact. 

This is where personal injury law comes into play. But how is pain and suffering determined in a personal injury lawsuit? Here’s our guide to determining pain and suffering in a personal injury case.

What Is Pain and Suffering?

Pain and suffering, as the name suggests, is the physical and mental anguish caused by an injury. It includes the pain and discomfort experienced due to the injuries, along with the emotional and psychological distress it brings. 

Pain and suffering damages are non-economic losses, and there is no set value or formula for determining them. The amount varies from case to case based on the severity of the injuries and the amount of pain and suffering they cause.

Factors That Determine Pain and Suffering Damages

While there is no fixed formula for determining pain and suffering damages, several factors come into play. These factors are:

  • Severity of injury
  • Duration of pain
  • Type of injury
  • Impact of injury

The most crucial factor is the severity of the injury. The more severe the injury, the higher the pain and suffering damages.

The duration or longevity of the pain is also a significant factor. Pain and suffering caused due to mild to moderate injuries that heal quickly are often valued less than those situations where the injuries are severe and have long-lasting effects. 

The type of injury is also important. A burn injury resulting in disfigurement would cause more pain and suffering than a small cut that heals quickly. 

Lastly, the impact of the injury on the plaintiff’s life is also taken into account, including their ability to work, engage in everyday activities, and enjoy life.

Methods Used to Determine Pain and Suffering

In personal injury lawsuits, there are two main methods used to determine pain and suffering damages. The multiplier method is an easy and common approach where the amount of medical expenses is multiplied by a number ranging from 1.5 to 5. This number is assigned based on the severity of the injuries, pain, and suffering the plaintiff has experienced, and other circumstances. 

The per diem method is a more complicated approach that assigns a daily value to pain and suffering based on the duration of the injury. The total pain and suffering damages are calculated by multiplying the daily value of suffering by the number of days the plaintiff has suffered and will suffer due to the injury.

Seeking legal help

If you are filing a personal injury lawsuit, it’s best to seek professional help. Hiring a trusted and experienced personal injury attorney can help you recover the right amount of damages for your pain and suffering. They can guide you on the factors that affect your pain and suffering damages and prepare a strategy that will put the maximum value on your case.

What to Do for Pain and Suffering Damages

Pain and suffering damages are essential components for determining the right compensation amount in personal injury lawsuits. With no fixed formula, several factors come into play, including the severity of the injury, the duration and type of pain, and its impact on the plaintiff’s life. 

While there are two methods used to determine pain and suffering damages, seeking professional help from a personal injury attorney can help you find the best approach for your case. It’s essential to understand that pain and suffering damages are not just monetary. 

They validate the physical and mental struggles you have undergone post-injury. Seek legal help, and get the best outcome for your pain and suffering, along with other non-economic losses. The experienced attorneys at Paulozzi LPA can provide the support you are looking for.

Share This Story, Choose Your Platform!
Call Us
Text Us