On this page, we will explain how pain and suffering damages are calculated in personal injury lawsuits.
Damages in Injury Cases
There are basically two categories of damages that plaintiffs can be awarded money for in personal injury lawsuits: economic damages and pain and suffering damages. Economic damages are supposed to compensate the plaintiff for actual monetary loses caused by their injuries (e.g., medical expenses, lost wages, etc.).
By contrast, pain and suffering damages (which are non-economic damages) are intended to compensate the plaintiff with money for the internal or mental pain caused by their injuries.
Economic damages are relatively straightforward to calculate, typically involving past and future medical expenses and lost wages. These figures can easily be computed using a calculator for settlements and trials.
On the other hand, pain and suffering damages are more complex and generally carry a higher value in personal injury cases. Unlike economic damages, they cannot be easily quantified with a calculator, leading to confusion in the assessment process. The calculation of these damages often involves subjective considerations and varies significantly from case to case.
What Are Pain and Suffering Damages?
Pain and suffering damages refer to compensation awarded in personal injury cases to cover the physical and emotional distress experienced by the victim as a result of an accident or injury. These damages can encompass a range of effects, including:
- Physical Pain: This includes the immediate pain from injuries sustained and any ongoing discomfort or chronic pain that may result from the incident.
- Emotional Distress: Victims may experience anxiety, depression, or other emotional challenges due to the injury or the impact it has on their life. This can also cover mental anguish related to the trauma of the accident.
- Loss of Enjoyment of Life: Injuries can prevent individuals from participating in activities they once enjoyed, leading to a diminished quality of life.
Calculating pain and suffering damages can be complex, as there is no fixed formula. Typically, courts may use methods like the multiplier method, where the total economic damages (like medical bills and lost wages) are multiplied by a number (usually between 1.5 and 5) to account for pain and suffering. Alternatively, the per diem method assigns a daily monetary value to the pain and suffering for each day the victim is affected.
Method Courts Use to Calculate Pain and Suffering Damages
When pain and suffering damages are being determined in court, usually in a jury trial, the amount to be awarded for pain and suffering is ultimately calculated by the jury (or judge if it’s a bench trial). In a settlement context, the amount of pain and suffering damages are basically estimated based on what a jury would be expected to award.
So how exactly does a jury calculate pain and suffering? The jury gets instructions for how to compute pain and suffering damages, but there is no set calculation method or formula that they are obligated to apply when coming up with a dollar amount. Instead, the jury can just award the dollar amount that they think or feel is appropriate. This makes the determination highly subjective.
Given the touchy-feeling nature of this method, it is not surprising that that the factors which impact the amount juries award for pain and suffering damages tend to be things that draw sympathy. The typical pain and suffering settlement amount directly correlates to the type of injury suffered. In death cases, your state’s cap on non-economic damages is more likely than not what you will be awarded at trial if you win your case.
Methods Insurance Companies Use to Calculate Pain and Suffering Damages
Many major insurance companies utilize computer systems to assess the value of personal injury cases. One of the most well-known systems is Colossus. These programs aim to help insurance adjusters assign consistent and predictable settlement amounts for physical pain and emotional suffering.
Moreover, these systems often incorporate the performance history of the plaintiff’s lawyers by analyzing their previous settlements and trial outcomes, influencing the evaluation process significantly. This means that a lawyer’s track record can impact the settlement figures that insurance companies are willing to offer.
Computer programs like Colossus are great at processing data, but they cannot accurately assess the value of human suffering and emotional distress. They lack the ability to evaluate the character and credibility of the victim or understand the profound impact an injury has on an individual’s life. Although these systems streamline the claims process and reduce costs for insurance companies, they often lead our law firm to file far more lawsuits than necessary. The algorithms typically disadvantage the victim, leaving us no choice but to pursue litigation to ensure our clients receive the compensation they deserve.
State Laws May Cap Pain and Suffering Damages
It is important to understand that the maximum amount of pain and suffering damages you can get might be limited by the law in your state. Many states have passed statutes which impose caps setting the maximum amount that plaintiffs can get for pain and suffering damages.
Caps on pain and suffering damages vary by state and are often set by law to limit the amount a plaintiff can recover in personal injury cases. These caps aim to control insurance costs and reduce the number of frivolous lawsuits, but they can also limit compensation for victims who suffer severe injuries.
Many states impose caps on non-economic damages, including pain and suffering, specifically for medical malpractice cases. For example, California has a cap of $250,000 for pain and suffering damages in medical malpractice cases.
Pain and Suffering Verdicts and Settlements
$2,550,000 Verdict (Florida 2024): The plaintiff suffered a brain contusion when he suffered a seizure and fell to the ground while a patient at the defendant psychiatric hospital. The verdict included $50,000 for past pain and suffering, $50,000 for future pain and suffering.
$919,000 Verdict (New York 2024): The plaintiff suffered extensive injuries to his back, neck and shoulder when he was rear-ended by the defendant. The total verdict included $100,000 for past pain and suffering and $500,000 for future pain and suffering, with the remaining $319,000 for economic damages.
$20,000 Verdict (Maryland 2024): The plaintiff was traveling northbound on Interstate 95 when she slowed down due to traffic and was rear-ended by the defendant’s vehicle. As a result of the accident, the plaintiff reported multiple injuries, including sprains to her neck and back. Ultimately, the jury awarded $12,839 for past medical expenses, but only $7,161 for pain and suffering.
$2,380,000 Verdict (Pennsylvania 2023): The plaintiff underwent surgery for an abnormal condition of his spine, suffered sexual dysfunction, injury to the nerves in his arms and hands, severe back strain, and emotional distress when he was forced to undergo two more surgeries to remove a broken rods manufactured by the defendant company. The verdict included $2 million for pain and suffering.
$800,000 Verdict (Florida 2023): The plaintiff was looking under the hood of his disabled vehicle on the shoulder when the defendant ran into him. The plaintiff suffered herniated disc injuries, as well as burns and lacerations. Some of the burns were to the plaintiff’s face making them especially sympathetic. Of the $800,000 total award, $710,00 was for pain and suffering damages.
$5,500,000 Verdict (Georgia 2023): The plaintiff, who was wearing rubber-soled shoes, walked to the cashier area at the front of a Walgreen’s store and she slipped and fell, striking her head and fracturing her skull. Plaintiff alleged that defendant was negligent in allowing the floor to become inherently slippery or in allowing a foreign substance that made the floor slippery to remain on the floor. $3 million of the $5.5 million verdict was for pain and suffering damages.
Contact Us About Serious Injury Cases
If you have been seriously injured in an accident or as a result of medical negligence, call our national injury lawyers today at 800-553-8082 or contact us online.