In personal injury cases, damages are typically divided into two categories:
- Economic damages: Tangible costs like medical bills, lost wages and rehabilitation expenses.
- Non-economic damages: Intangible losses, including pain and suffering, emotional distress and loss of enjoyment of life.
Pain and suffering damages aim to compensate for the emotional, mental and physical hardships that come with an injury. These can include:
✅ Chronic pain that affects daily life.
✅ Emotional distress such as anxiety, depression or PTSD.
✅ Loss of enjoyment of life due to physical limitations or mental struggles.
✅ Sleep disturbances, mood swings or personality changes caused by the trauma.
Unlike medical bills, which have a clear dollar amount, pain and suffering damages are subjective -- making them harder to quantify and more likely to be challenged by insurance companies.
How Are Pain and Suffering Damages Assessed?
Since there’s no fixed price for emotional trauma, insurance companies use several methods to determine the value of pain and suffering damages:
1. The Multiplier Method
One common approach is multiplying the victim’s economic damages (medical bills, lost wages) by a number between 1.5 and 5, depending on the severity of the injury. For example:
- Minor injuries (temporary discomfort, no long-term effects) might be multiplied by 1.5.
- Severe injuries (permanent disability, chronic pain) could be multiplied by 4 or 5.
2. The Per Diem Method
This method assigns a daily value to the victim’s pain and suffering, multiplying it by the number of days they experience distress. For example, if the daily value is set at $200 and the victim suffers for 200 days, their damages would total $40,000.
3. Expert Testimony and Psychological Evaluations
Since pain and suffering are often invisible, attorneys may bring in medical experts, psychologists or therapists to explain how the injury affects the victim’s mental health and quality of life.
These methods may not be a true representation of the value of the claim so an experienced personal injury lawyer is essential to make sure you get every dollar you deserve.
Why Pain and Suffering Damages Are Often Undervalued
Despite their importance, pain and suffering damages are frequently underestimated. Here’s why:
- Insurance companies push back – Insurers try to downplay emotional distress, arguing that mental health struggles are unrelated to the accident.
- Lack of documentation – Unlike medical bills, emotional trauma isn’t always backed by clear records, making it harder to prove.
- Society’s focus on physical injuries – Emotional pain is often dismissed because it’s not as visible as a broken bone or surgery scar.
How Personal Injury Lawyers Fight for Fair Compensation
To ensure clients receive the full compensation they deserve, experienced personal injury lawyers:
✅ Gather strong evidence, including medical records, therapy notes and witness statements.
✅ Use expert testimony from mental health professionals to validate emotional suffering.
✅ Help clients keep pain journals documenting daily struggles, mood changes and the impact of injuries on their lives.
✅ Push back against insurance companies that try to minimize emotional damages.
Final Thoughts: Your Pain Matters
The emotional and psychological impact of an injury can be just as life-changing as the physical damage. If you’ve suffered due to someone else’s negligence, you deserve compensation for all aspects of your pain -- not just the ones that come with a price tag.
If you have questions about your case, our team is here to help. Again, an experienced personal injury lawyer is essential to make sure you get every dollar you deserve.
Contact us today to discuss your options and fight for the compensation you deserve.
