Pain And Suffering Settlement Examples (September 2024)

Personal injury cases are often associated with the term “pain and suffering”. This term refers to the value of compensation for both physical pain and emotional trauma suffered by a victim. Understanding how this compensation is calculated can help you approach your claim with more confidence.

In this article, we’ll explore how pain and suffering is defined and calculated. We also look at the factors that can lead to greater compensation awards.

What Is Pain and Suffering?

In legal cases, pain and suffering refers to the physical pain and emotional distress caused by an injury. Physical pain can include both the immediate pain after an accident, and chronic pain that continues during and after recovery. Emotional distress includes psychological effects from an injury, such as anxiety, depression, or post traumatic stress disorder (PTSD).

Claim Types That Result in Pain and Suffering Awards

Cases that lead to pain and suffering damages are typically one of the following:

• Personal injury cases, such as car accidents or medical malpractice

• Cases involving discrimination or harassment

• Cases involving acts by public officials, like wrongful arrest or excessive force

Pain And Suffering Examples

Pain and suffering can be awarded in any case where a victim has suffered significant physical pain or mental anguish. Here are some examples of cases where you might seek pain and suffering damages:

• Physical pain after a burn injury lingers for months, negatively impacting daily life.

• Back pain after a car accident becomes a chronic issue that may continue permanently.

• A head injury suffered in a slip and fall accident causes cognitive changes.

• Embarrassment after sexual harassment at work causes ongoing emotional distress.

• A construction accident causes the development of PTSD symptoms.

Many other injuries and traumatic events can cause pain and suffering. Speak with a lawyer to evaluate whether your circumstances qualify for a pain and suffering settlement. Fill out the form on this page to get started today.

How Much is Pain and Suffering Worth?

Compensation for pain and suffering is a form of non-economic damages. This simply means that the compensation is not tied to easily defined dollar values like medical bills or lost wages.

As a result, pain and suffering settlement amounts are unique and can be difficult to estimate. Insurance companies sometimes use calculation methods to come up with a settlement offer, but these offers are not always a fair outcome. Let’s look at the most common calculation methods and the factors that can impact your pain and suffering settlement.

Pain And Suffering Calculation: Multiplier Method

The multiplier method involves multiplying the economic damages by a number between 1.5 and 5. The multiplier chosen depends on the severity of the injury or trauma and its impact on the victim’s life.

Here are some pain and suffering multiplier examples:

• Alex had medical bills and lost wages totalling $10,000 after a car accident. The insurance adjuster assigns a multiplier of three to Alex’s case. This results in a pain and suffering settlement offer of $30,000. When economic damages and pain and suffering is added together, Alex is offered a settlement of $40,000.

• Vanessa breaks her leg in a bicycle accident and incurs medical bills totalling $1,000. Her case is assigned a multiplier of 1.5. Her pain and suffering settlement offer then totals $1,500, resulting in a total settlement offer of $2,500.

Pain And Suffering Calculation: Per Diem Method

The per diem method assigns a daily rate to the pain and suffering endured. This daily rate is then multiplied by the number of days the victim is expected to suffer. Daily rates are sometimes set to be equal to the victim’s daily work income or calculated by dividing medical costs over the number of days expected for recovery.

For example, consider John’s injuries resulted in $50,000 of medical bills and took 50 days to physically recover. In this case, his per diem rate might be set by dividing the medical bill cost by the days to recover. This would result in a daily rate of $1,000. If he suffered ongoing emotional distress for 80 days, then his pain and suffering would be valued at $80,000 ($1,000 x 80 days).

Pain And Suffering Calculation Factors

While calculations are a helpful starting point, settlement values can further vary by additional factors. These include:

• Injury severity. More severe injuries typically result in higher pain and suffering settlements.

• Impact on daily life. If the injury significantly disrupts daily activities, this can increase the settlement amount.

• Duration of pain. Chronic, long-term pain will typically result in a higher settlement than short-term pain.

• Emotional impact. Anxiety, depression, and other mental health impacts may last longer than physical pain and are also considered.

• Jury evaluation. In many states, juries are not given a method for calculating pain and suffering. This can result in an award of any amount the jury deems reasonable and fair.

Limits On Pain and Suffering Values

Some cases are subject to caps on the amount a plaintiff may receive in pain and suffering damages. The most common caps are on medical malpractice cases. However, states like Ohio, Oregon, and Hawaii cap all non-economic damages including pain and suffering.

What Is a Typical Amount of Pain and Suffering Settlement?

The average pain and suffering settlement in the U.S. is approximately $15,000. However, there is no such thing as an average pain and suffering case. Each case is considered individually and will depend upon what the victim has suffered. In general, more severe and long-lasting injuries and trauma result in higher settlements. Fill out the form on this page to speak with a lawyer about your options and case value.