Understanding Pain and Suffering: Non-Economic Losses in Personal Injury

A car accident or slip and fall injury can cause severe pain. If someone else caused the accident, they should be responsible for what they did. If you suffered pain after an accident, you can try to get compensation for your pain and suffering. However, the amount of pain and suffering money can depend on the type of injuries.

Damages in a personal injury claim can depend on state law. Because every case is unique, the best assessment of your case will come from a dedicated expert with whom you can share your story. To find out more about how much you can recover after an accident, talk to a personal injury attorney.

What Is Pain and Suffering?

In a personal injury lawsuit, pain and suffering refers to physical pain and harm caused by an injury accident. The injured victim can claim monetary damages for pain and suffering from the person responsible for causing the accident. This is a category of non-economic damages available in a personal injury lawsuit.

For example, another driver ran a stop sign and hit you in a truck accident. You suffered pain and had to go to the hospital for surgery and recovery. You suffered severe pain for days and had to have painkillers. You later find out you will suffer chronic pain for the rest of your life and may not be able to work.

The other driver is responsible for the medical treatment, loss of income, and vehicle damage. However, how much should the other driver have to pay for pain for the rest of your life? This can be difficult to answer. It is up to the jury to decide how much to award in pain and suffering.

What Are the Different Types of Damages in a Personal Injury Lawsuit?

When you file a personal injury case, you are seeking financial compensation for damages. Damages are the losses related to the injury or accident. Most damages in a personal injury lawsuit are compensatory damages. These are supposed to put you in the same place you would have been without an accident.

Damages are divided up into economic damages and non-economic damages. Economic damages refer to losses with a clear dollar amount. This includes past losses and future anticipated losses. Examples of financial losses in a personal injury accident include:

• Medical bills
• Lost wages when you can’t work
• Loss of earning potential
• Future medical expenses
• Property damage

Non-economic damages are harder to put an exact number on. This can include intangible losses like emotional trauma, chronic pain, and losing your quality of life. Examples of non-economic damages include:

• Loss of enjoyment of life
• Emotional distress
• Mental anguish
• Loss of consortium

How Do You Prove Pain and Suffering?

It can be hard to prove how much pain you suffered after an accident. You can use medical records and expert testimony. It can help to keep a journal after an accident to document your feelings and emotions. Sometimes, your attorney may use a day-in-the-life video to show how an injury accident has impacted your life.

How Much Can You Get in Pain and Suffering Damages?

The amount you can get in pain and suffering can depend on the severity of the injuries. Minor physical injuries that heal quickly may allow for a lower amount of pain and suffering. Severe injuries that will continue for the rest of your life may justify greater pain and suffering damages.

There are different ways of calculating pain and suffering in personal injury law. Generally, there are two methods:

Method #1: Multiplier

Under the multiplier method, the non-economic damages can be a multiple of the economic damages. For example, you were in a severe car accident, resulting in $100,000 in total economic damages. If you suffered severe injuries, a jury may multiply the $100,000 by three for $300,000 in non-economic damages. Your total compensation would be $400,000.

Method #2: Per Diem

With the per diem method, your non-economic damages are based on how many days you experience physical and emotional pain. A jury determines you are experiencing $200 worth of pain in your daily life, and it took 150 days to recover. Your pain and suffering damages would be $30,000.

Is There a Limit on Pain and Suffering Damages?

Unfortunately for patients, many states have a limit on pain and suffering damages. Some states have found caps on non-economic damages to be unconstitutional. However, the insurance companies want to limit how much money they have to pay for car accident and medical malpractice claims.

Almost half of the states have a cap on non-economic damages. The other states do not have a cap or have found caps unconstitutional. Some states only have a maximum of $250,000 in non-economic losses, and these caps are not adjusted for inflation. Other states build in an increase for inflation.

Limits on pain and suffering can be unfair to injury victims because the jury often does not know about the cap. A jury could hear a case and find that the victim deserves $1 million for pain, suffering, and disfigurement. However, the judge will later cut the award down to the maximum, and the jury is never aware.

How Much Can I Recover in Pain and Suffering?

The amount you can recover from pain and suffering depends on your situation. Talk to an experienced personal injury attorney for a case evaluation. Your attorney can give you a better idea of the strength of your case and how much you can recover. Contact a personal injury lawyer for legal advice about your case.