What It Means and How Compensation Is Calculated
When someone is injured because of another party’s negligence, the harm often extends far beyond medical bills and lost wages. Physical pain, emotional distress, and the lasting impact on daily life are frequently the most difficult consequences of an accident. These non-economic damages are known as pain and suffering, and they play a critical role in many personal injury settlements.
Understanding how pain and suffering settlements work can help injured victims better evaluate their claim and recognize why experienced legal representation matters.
What Is Pain and Suffering in a Personal Injury Case?
Pain and suffering refers to the physical and emotional hardships caused by an injury. Unlike economic damages—such as medical expenses or lost income—these damages do not come with invoices or fixed dollar amounts. Instead, they compensate for how an injury affects a person’s overall quality of life.
Pain and suffering damages may include:
- Physical pain and chronic discomfort
- Emotional distress, anxiety, or depression
- Loss of enjoyment of life
- Sleep disturbances or ongoing fatigue
- Mental anguish or trauma related to the accident
- Loss of independence or mobility
- Disfigurement or permanent impairment
These damages recognize that personal injuries impact more than finances—they affect a person’s health, emotional well-being, and future.
How Pain and Suffering Settlements Are Calculated
There is no single formula used in every case, but insurance companies and courts commonly rely on two primary methods to calculate pain and suffering compensation.
Multiplier Method
This method multiplies economic damages—such as medical bills and lost wages—by a number typically ranging from 1.5 to 5. The multiplier depends on factors like injury severity, length of recovery, and long-term consequences.
Per Diem Method
Under this approach, a daily dollar amount is assigned to the victim’s pain and suffering and multiplied by the number of days the injury affects their life.
Factors That Influence Settlement Value
Several factors affect the final pain and suffering settlement amount, including:
- Severity and permanence of the injury
- Length of medical treatment and recovery
- Impact on work, relationships, and daily activities
- Whether the injury caused long-term disability or disfigurement
- Strength of medical records and expert testimony
- Degree of fault and quality of evidence
Personal Injury Cases That Commonly Include Pain and Suffering Compensation
Pain and suffering damages are frequently awarded in cases involving:
- Car and truck accidents
- Slip and fall injuries
- Workplace and construction accidents
- Roofing and ladder falls
- Medical malpractice
- Dog bites and animal attacks
- Wrongful death claims
In serious injury cases, pain and suffering compensation often makes up a substantial portion of the total settlement.
Why Insurance Companies Dispute Pain and Suffering Claims
Insurance companies routinely challenge pain and suffering damages because they are subjective and harder to quantify. Adjusters may argue that injuries are exaggerated, recovery was quick, or emotional harm is unsupported.
Without legal representation, injured victims often accept settlements that undervalue the true impact of their injuries.
How a Personal Injury Lawyer Strengthens a Pain and Suffering Claim
An experienced personal injury attorney can significantly increase the value of a pain and suffering settlement by:
- Gathering detailed medical records and expert opinions
- Documenting how injuries affect daily life and future abilities
- Negotiating aggressively with insurance companies
- Calculating fair compensation based on similar cases
- Preparing the case for trial if a fair settlement is not offered
Legal representation ensures non-economic damages are taken seriously and fully pursued.
Speak With a Lawyer About Your Pain and Suffering Settlement
If you were injured due to someone else’s negligence, you may be entitled to compensation for pain and suffering in addition to your financial losses. Every case is unique, and the value of these damages depends on the specific facts of your injury and recovery.
Contact Rideout Law Group to discuss your personal injury case and learn how an experienced attorney can help you pursue the full pain and suffering settlement you deserve. A confidential consultation can provide clarity, guidance, and a path forward during a difficult time.
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal guidance specific to your situation, please contact a licensed attorney at Rideout Law Group.