How Is Pain and Suffering Calculated in Personal Injury Settlements

After an accident, the bills start adding up hospital visits, doctor’s appointments, and maybe even missed work. But there’s another part that’s harder to measure, which is how much it hurt, how it changed your life, and how you’re feeling day to day. This is called pain and suffering, and it’s a big part of many personal injury settlements.

Whether you’re dealing with a car accident, a slip and fall, or something more serious, it's important to know how the legal system values your emotional and physical pain.

What Is Pain and Suffering?

Pain and suffering refer to the physical and emotional distress caused by an injury. It includes:

• Physical pain: discomfort, chronic pain, or limitations caused by the injury.

• Emotional suffering: anxiety, depression, trauma, or loss of enjoyment of life.

For example, someone who breaks a leg in a car accident may not only face medical bills but also months of pain, difficulty walking, and emotional stress from being unable to work or participate in family activities.

What Factors Can Reduce Pain and Suffering Awards?

Several factors can reduce the compensation you receive for pain and suffering, and knowing them helps protect your claim. According to Stewart Law Offices, a team of South Carolina personal injury lawyers with over 30 years of experience, ‘Comparative negligence is a major issue, if you share fault, your award is reduced by your percentage of responsibility, and in South Carolina, being more than 50% at fault bars recovery entirely.’ Pre-existing conditions also complicate matters, as insurers may argue they should only cover the worsening of an injury, not the original condition. Their team has also helped victims in North Carolina, guiding them through the complex process of securing fair compensation for pain and suffering.

Gaps in medical treatment weaken credibility, while consistent care shows ongoing suffering. Inconsistent statements or actions, such as claiming severe limitations but posting videos of strenuous activity, can damage your case and reduce compensation.

What Is the Multiplier Method for Calculating Pain and Suffering?

The multiplier method is one of the most common ways to calculate pain and suffering in personal injury settlements. There is no single formula used everywhere, but two common methods are widely recognized:

1. The Multiplier Method

One of the most common ways to figure out pain and suffering is the multiplier method. Here’s how it works:

• First, all your economic damages (like medical bills and lost wages) are added up.

• Then, that number is multiplied by a number between 1.5 and 5.

The more serious your injuries, the higher the multiplier.

Example: If your medical bills and lost wages total $20,000 and your case is considered severe, the multiplier could be 4.

$20,000 x 4 = $80,000 for pain and suffering

So your total settlement could be $100,000 (economic + pain and suffering).

2. The Per Diem Method

Another way is the per diem method (which means “per day” in Latin). With this method, a daily dollar amount is assigned for every day you’ve experienced pain and suffering.

Example: If the daily rate is $200 and you suffered for 100 days:

$200 x 100 = $20,000 in pain and suffering

This method works best when there’s a clear start and end to your recovery period.

When Does the Per Diem Method Work Best?

The per diem method works well for injuries with clear recovery timelines. If doctors can predict you'll need six months to heal, calculating daily suffering for 180 days makes sense.

However, this method becomes more complicated with permanent injuries or chronic conditions that will affect you for the rest of your life. It's harder to argue for 30 or 40 years of daily suffering when your life expectancy is long.

What Evidence Strengthens Pain and Suffering Claims?

Since pain and suffering are subjective, providing strong evidence becomes crucial. The better you can document your suffering, the stronger your claim becomes.

Medical Documentation

Detailed medical records are essential. Your doctors' notes describing your pain levels, limitations, and prognosis provide objective support for your subjective suffering. Make sure you consistently report your pain to healthcare providers and follow all treatment recommendations. Comprehensive medical documentation is vital for accurate injury coding and reporting, as emphasized in the ICD-10-CM Official Guidelines for Coding and Reporting, which stress that "the importance of consistent, complete documentation in the medical record cannot be overemphasized" to properly identify and quantify the impact of injuries, including pain and long-term effects.

Pain Journals

Keeping a daily journal documenting your pain levels, activities you couldn't do, sleep disruptions, and emotional struggles creates a powerful record of your suffering. This personal documentation helps insurance adjusters and juries understand your day-to-day reality.

Testimony from Family and Friends

Statements from people who know you well can describe how the injury changed your personality, mood, and ability to enjoy life. They can testify about activities you can no longer do and the emotional toll they've witnessed.

Photographs and Videos

Visual evidence of your injuries, scars, mobility limitations, and medical treatments helps others understand what you've endured. Before-and-after photos showing your life changes can be particularly compelling.

Visual evidence of your injuries, scars, mobility limitations, and medical treatments helps others understand what you've endured. Before-and-after photos showing your life changes can be particularly compelling.

Expert Testimony

Mental health professionals can testify about psychological suffering, while medical experts can explain the pain and limitations your injuries cause. Life care planners can detail how your injuries will affect you in the long term.