How Are Pain and Suffering Calculated in Personal Injury Claims?

In a personal injury claim, it can be pretty straightforward to calculate medical bills, lost wages, and property damage. But what about things that are not so easy to calculate, such as the physical pain that you endure or the emotional suffering that disrupts your life? Pain and suffering can represent a significant portion of personal injury compensation, but calculating it is more complicated than adding up receipts. Understanding how pain and suffering are evaluated in personal injury claims can help you better grasp what you are entitled to and how a personal injury attorney can help you secure maximum compensation.

What Is Pain and Suffering?

Let’s say that you have a slip and fall. You get physically hurt. But it also causes you emotional distress. You may not know that you can get compensated for the emotional and psychological suffering you have endured.

Pain and suffering is a legal term used to describe the physical discomfort and emotional distress caused by an injury. It includes both physical pain—such as the pain from broken bones, surgeries, or chronic conditions—and emotional and psychological suffering, like anxiety, depression, or post-traumatic stress disorder (PTSD). If the pain and suffering limits your ability to work, interact with loved ones, or perform daily tasks, you might be entitled to compensation.

Physical Pain

Injuries that cause chronic or severe pain
This can include ongoing discomfort during recovery, future pain from the injury, or lifelong physical limitations

Emotional and Psychological Impact

Victims of severe accidents may suffer from PTSD, anxiety, depression, or fear
Loss of enjoyment of life: if the injury prevents you from participating in activities you used to enjoy, such as sports, hobbies, or time with family, this can be compensated as well

Challenges in Proving Pain and Suffering

Even if you have experienced pain and suffering, you may not recover damages for it. This is because–unlike medical bills or lost wages–pain and suffering are difficult to quantify. There are challenges in proving the extent of your suffering. Here are some common issues that people face in trying to get compensation for pain and suffering:

Subjectivity

Since there is no concrete measurement for pain or emotional trauma, it becomes challenging to put a precise value on it. Judges, juries, or insurance adjusters, who are all looking at the same facts, might view the same situation differently, meaning that they could all come up with different ideas of fair compensation.

Insurance Company Tactics

Insurance companies often attempt to downplay pain and suffering, offering low settlements by arguing that emotional trauma or physical pain is exaggerated.

Medical Evidence

The more medical evidence you have, the stronger your claim. Documenting every medical visit, therapy session, or mental health treatment can reinforce the extent of your suffering and increase your compensation.

Factors That Affect How Pain and Suffering is Calculated

Pain and suffering is affected by multiple factors. Here is what is often considered.

Severity of the Injury

The more severe and long-lasting the injury, the higher the compensation for pain and suffering. For example, traumatic brain injuries or spinal cord injuries generally warrant a higher payout than a broken arm.

Length of Recovery

If your injury requires a long recovery period or results in permanent disability, it will increase the compensation.

Permanent or Life-Altering Injuries

Injuries that result in permanent disabilities or disfigurements will significantly increase the amount of pain and suffering awarded.

Impact on Daily Life

How much the injury affects your ability to enjoy life will play a significant role in determining compensation. If you’re unable to return to work or if your personal relationships have suffered, these factors will be considered.

Credibility of the Victim

Courts and insurance companies will evaluate the credibility of the injured party. They will consider testimony and also corroborate with medical records.

Medical Documentation

Detailed medical records outlining the physical and emotional consequences of the injury are crucial. If you have strong documentation showing ongoing pain, therapy sessions, and mental health treatment, it strengthens your claim.

How Does Calculation Work?

In Illinois, pain and suffering are calculated in two different ways: the per diem method and the multiplier method.

Per Diem Method

The per diem method assigns a daily monetary value to the pain and suffering endured by an injury victim. The total compensation is calculated by multiplying this daily rate by the number of days the victim experiences pain, from the day of injury until they reach maximum medical recovery. For example, if each day is valued at $100 and the victim suffers for 180 days, their pain and suffering would total $18,000. The amount must be based on evidence.

Multiplier Method

The multiplier method calculates pain and suffering by multiplying the victim’s economic damages (like medical bills and lost wages) by a number. The more severe the pain and suffering, the higher the multiplier. To justify a higher multiplier, evidence such as medical records and witness testimony is needed.

How to Maximize Pain and Suffering Compensation

Here are some of the ways that you can improve your chances of getting full compensation for the pain and suffering you have experienced as a result of your personal injury.

Gather Medical Documentation

Collect thorough documentation from all healthcare providers involved in your treatment. This includes medical records, therapy notes, and psychological evaluations. Detailed documentation from doctors, mental health professionals, and any other specialists will help establish the extent of your pain and suffering and reinforce your claim for compensation.

Keep a Journal

Maintaining a detailed pain journal is crucial for documenting your daily experiences of physical pain and emotional distress. Regularly record the intensity of your pain, any emotional struggles, and how your injury impacts your daily activities and relationships. This comprehensive record provides valuable evidence to support your claim and demonstrates the ongoing impact of your suffering.

Be Consistent

Consistency between your medical records and personal testimony is really important. Make sure that the descriptions of your pain and suffering in your journal align with the information provided to your healthcare providers. Any discrepancies can be used to challenge the credibility of your claim, so it’s important that your accounts are coherent and accurate.

Contact a Personal Injury Lawyer Today for Immediate Assistance

Hiring a personal injury lawyer is essential for effectively managing and maximizing your pain and suffering claim. An attorney can help ensure that all aspects of your pain and suffering are properly documented and presented, negotiate with insurance companies, and advocate for a fair settlement. Their experience and knowledge of legal procedures will significantly enhance your chances of receiving the compensation you deserve for your pain and suffering.