When you are hurt in an accident, the physical pain is often just the beginning of your suffering.
You may also be dealing with emotional distress, sleepless nights, anxiety, and the frustration of not being able to live your life the way you used to.
But how do you figure out what that pain is worth? Unlike medical bills or lost wages, pain and suffering doesn’t come with a receipt, which makes it difficult to value. However, there are some common methods and guidelines that can help.
It is important to understand how to calculate damages for pain and suffering because these damages can make up a significant part of your compensation. They reflect the real, personal impact your injuries have had on your life. Our Greenville personal injury lawyer explains how these damages can be calculated.
What Are Pain and Suffering Damages?
Pain and suffering damages fall under what’s known as “non-economic damages.” Unlike medical expenses or property damage, no receipt or invoice captures what you’re going through.
You might deal with ongoing physical pain, limited mobility, or a lengthy recovery process that affects your ability to enjoy life. Emotionally, the aftermath of an accident can bring anxiety, depression, fear, or even post-traumatic stress.
You might lose sleep, struggle with your relationships, or find that you can no longer do the activities you once loved. All of these experiences are part of what the law considers pain and suffering, mental anguish, or other types of non-economic damages.
While these kinds of damages can be harder to quantify, they are just as important to consider as economic damages such as medical bills. In many cases, these non-economic damages make up a significant part of a personal injury settlement or verdict.
How to Calculate Pain and Suffering Damages
There’s no exact formula demonstrating how pain and suffering are calculated, but two common methods are typically used:
1. The Multiplier Method
This might be the most common approach. First, your economic damages, like medical bills, lost wages, and out-of-pocket expenses, are totaled. Then, that number is multiplied by a factor, often between 1.5 and 5, based on how serious your injuries are and how they’ve affected your life.
For example, if you had $15,000 in medical bills and your injuries were moderate to severe, a multiplier of 3 might be used: $15,000 × 3 = $45,000 in pain and suffering damages.
The more permanent or painful your injury, the higher the multiplier might be.
2. The Per Diem Method
“Per diem” is Latin for “per day.” With this method, a daily dollar amount is assigned to the pain and suffering you experience – for example, $200 per day. Then, that number is multiplied by the number of days a person experiences pain and suffering after their injury.
For example, if it takes 100 days to recover, then $200 × 100 days = $20,000 in pain and suffering.
This method works best when your recovery has a relatively clear timeline.
Both of these methods can provide a rough estimate of a person’s non-economic damages, but it is not always straightforward. Everyone experiences pain differently. That’s why it is so important to document your suffering. Evidence such as doctor’s notes, therapist reports, personal journals, photos, and even testimony from family and friends can help show just how much your injury has impacted your day-to-day life.
Legal Considerations in Calculating Damages for Pain and Suffering
Here are a few of the key things that are considered when calculating pain and suffering damages:
1. The Severity of Your Injuries
The more serious and long-lasting your injuries are, the higher your potential pain and suffering damages. A jury is not likely to value a broken arm that heals in a few weeks the same as a spinal injury that leads to lifelong pain or disability. The nature, intensity, and duration of a person’s pain and suffering all play a role in the amount of compensation that it is appropriate.
2. The Impact on Your Daily Life
When valuing non-economic damages, judges and juries will want to understand how your daily life has changed. Are you unable to return to work? Have your relationships suffered? Are you missing out on activities you used to enjoy, like playing with your kids or going for a run? These kinds of lifestyle changes can increase the value of your pain and suffering claim.
3. Medical Documentation and Expert Opinions
Medical records are important. They help prove the extent of your physical injuries, the treatments you have received, and whether you are expected to recover fully. In some cases, expert witnesses can strengthen your case by explaining the long-term impact of your injuries.
4. Comparative Fault
South Carolina uses a system known as “modified comparative negligence.” That means if you’re found to be partly at fault for the accident, your compensation can be reduced. For example, if you’re found 20% responsible, your pain and suffering damages would be reduced by 20%. And if you are found to be more than 50% at fault, you may not be able to recover any damages at all.
5. Insurance Policy Limits
Even if your pain and suffering damages are significant, the at-fault party’s insurance policy might have limits that are not sufficient to fully compensate you for your damages. In these cases, it is crucial to explore other sources of compensation. An experienced personal injury attorney can help you with this.
How a Greenville Personal Injury Lawyer Can Help
If you have been injured in an accident, then you may be dealing with constant physical and emotional pain. These problems are a lot to carry on your own. That is why having an experienced Greenville personal injury lawyer can make a real difference in your physical, mental and financial recovery.
Here’s how we can help:
- We build a strong case: We gather medical records, consult with doctors, and collect any evidence that supports your claim. The stronger your case, the more likely you are to receive fair compensation for your pain and suffering.
- We calculate the full value of your claim: Pain and suffering and other non-economic damages are hard to quantify, but we know how to present the evidence in a way that makes your suffering real to insurance companies.
- We handle the insurance companies: Insurance adjusters are trained to minimize payouts. We know their tactics, and we push back hard so our clients do not get shortchanged.
- We stand by you every step of the way: Whether your case is resolved in negotiation or goes to trial, we will stand strongly by your side, protecting your best interests.
Contact Our Personal Injury Lawyers
While there are general methods to calculate pain and suffering and other types of non-economic damages, those formulas only tell part of the story. Your personal experiences, including how the injury has impacted your day-to-day life, your relationships, and your ability to work and enjoy things you once loved, can impact the value of your case. That is why it is so important to work with someone who understands how to secure compensation for your pain and suffering.
At David R. Price, Jr., P.A., we focus on our clients as people. We take the time to understand their situation, gather strong evidence, and advocate for our clients every step of the way. Our goal is to help our injured clients feel seen, heard, and supported throughout the entire process.
Contact our personal injury attorneys at 864-271-2636 for a free consultation.