After an accident, you are entitled to compensation for your losses or damages from the at-fault party. In addition to economic damages for financial losses like medical bills, you can also recover money for the physical, mental, and emotional suffering you endured.
Non-economic damages encompass all the harm you have suffered without a clear financial value. These damages are sometimes broadly referred to as pain and suffering damages.
Because these losses have no clear dollar amount, calculating a fair value can be challenging. Here’s how pain and suffering is valued and factors that are considered to estimate what your physical and emotional anguish is worth.
What Are Pain and Suffering Damages?
Pain and suffering damages fall under non-economic damages in a personal injury claim. They compensate for the overall impact the injury has on your life and the emotional and physical trauma you have experienced.
Pain and suffering can include:
- Physical pain
- Mental and emotional anguish
- Anxiety or depression
- Post-traumatic stress disorder (PTSD)
- Insomnia or sleep disturbances
- Reduced enjoyment or quality of life
For example, if you suffer from ongoing back pain after a car accident and can no longer participate in activities you once enjoyed, you may be entitled to pain and suffering compensation.
Common Methods Used To Calculate Pain and Suffering Damages
Because pain and suffering are subjective, there are many ways to estimate a fair value in a settlement. The value of these losses, and the best method for calculating their value, depends on the circumstances of your accident and the injuries you suffered.
There are two common methods to estimate pain and suffering.
- Multiplier method: Your economic losses are multiplied by a factor of 1.5 to 5. The more severe and long-lasting your injuries, the higher the multiplication factor.
- Per diem method: A dollar amount, such as your average daily wage, is multiplied by the number of days it takes for you to recover. This method is best suited to short-term injuries from which you recover fully.
Depending on the personal injury case, sometimes one method is more appropriate than the other, or neither method can be used effectively. For instance, if someone suffers an injury with serious, long-term effects but without significant costs, neither method may be helpful in estimating pain and suffering. A good example is a dog bite case involving a child.
How Insurance Companies Assign Value to Pain and Suffering
Insurance companies have their own method of assigning value to pain and suffering damages. Most companies use software like Colossus which assigns a value to injuries. This software has been the subject of several lawsuits because it favors the insurer and often gives unfair values. There is usually a bias against soft tissue injuries which are classified as “non-demonstrable” because they are not visible on x-rays and medical tests.
Generally, software should only be used as a tool to help insurance adjusters who can still use their independent judgment to determine a settlement value.
No matter which method is used, it’s only a starting point to negotiate. There is no pain and suffering calculator that can determine what these personal losses are worth, and many factors that must be considered to reach a fair value.
Factors That Affect Pain and Suffering Settlements
There is no set figure to assign to different types of injuries or accidents. Many factors can affect the estimated value of your non-economic damages, such as:
- The severity and type of injuries you sustained: Catastrophic injuries usually receive the highest compensation. The more serious and more visible the injuries, the greater the compensation is likely to be.
- How your daily life has been impacted: This includes your ability to socialize, engage in hobbies, and perform daily activities of living.
- The length of your recovery process and treatment you received.
- Whether you are left with long-term or permanent impairment, disability, or visible scarring.
- Psychological effects such as depression, PTSD, and anxiety.
If your own negligence contributed to your accident, your economic and non-economic damages can be reduced. Florida uses a comparative fault doctrine to assign fault to each party in an accident. If you are assigned 1% to 50% of the blame, your damages will be reduced in proportion. If you are found 51% or more to blame, you cannot recover compensation from the other party at fault.
If your case involves medical malpractice, Florida law limits what you can recover for non-economic damages. If a medical practitioner is found at fault for an injury, pain and suffering damages are capped at $500,000, or up to $1 million if their negligence resulted in a permanent vegetative state or wrongful death. The cap is increased to $750,000 or $1.5 million for medical malpractice claims against non-practitioners.
For practitioners providing emergency medical care and services, the limit is even lower: $150,000 per injured claimant.
Pain and Suffering Settlement Examples
To demonstrate how pain and suffering damages may be valued, here are example scenarios. Note that these examples are for illustrative purposes and do not indicate what your case may be worth.
Scenario One: Car Crash With Back Injury Requiring Surgery
A motor vehicle accident causes a plaintiff to suffer a ruptured disc that eventually requires surgery and physical therapy. The plaintiff will have chronic pain and some long-term limitations. Economic damages are $45,000, and a multiplier of 2.5 is assigned. Non-economic damages are $112,500.
Scenario Two: Dog Bite Involving a Young Child
A 10-year-old child is bitten in the face by a neighbor’s dog. The injury requires two reconstructive surgical procedures, but the victim still has visible facial scars. Economic damages are $60,000, and a multiplier of 4 is assigned, given the child’s age and the effect the scarring will have on their entire life. Non-economic damages are $240,000.
Scenario Three: Slip and Fall With a Broken Wrist
A plaintiff is injured in a slip and fall accident in a store caused by a spill that was not cleaned up. They suffer mostly soft tissue injuries and a broken wrist. They are out of work for one month and fully recovered after eight weeks with $10,000 in medical bills.
A per diem method may be used to calculate pain and suffering based on $150 per diem, their typical daily wage. Total non-economic damages are $8,400.
A Personal Injury Lawyer Can Help
Insurance companies often aim to minimize payouts and routinely offer lowball settlements. A personal injury lawyer can ensure your pain and suffering is not overlooked or undervalued. Your lawyer can help you demonstrate the impact of your injury on your life and the severity of the harm you suffered to pursue a fair settlement offer.
