Ways Pain and Suffering Damages Are Evaluated in an Injury Claim

Posted on behalf of James Lynch on October 7, 2019  in Personal Injury News. Updated on February 24, 2022

pain-and-suffering-woman-in-kitchen-striped-shirtIf you were the victim of an accident, you may be entitled to compensation for pain and suffering, which refers to the physical and emotional struggles you have had because of your injuries. While your medical expenses and property damage are easier to put a value on, it is much more complicated to place a dollar amount on pain and suffering.  

The experienced New Jersey personal injury lawyers at the Lynch Law Firm, PC can explain how pain and suffering may be evaluated in a free consultation. This confidential meeting comes with no obligation for you to take legal action.

What Do Pain and Suffering Damages Include?

The term “pain and suffering” has a broad definition and may include:

  • Physical pain
  • Physical impairment
  • Suffering or agony
  • Mental anguish, including depression, anxiety and embarrassment
  • Physical discomfort such as aches and pains
  • Permanent restrictions on activity
  • Loss of enjoyment of life experiences
  • Disfigurement or scarring
  • Inconvenience

Proving Your Pain and Suffering  

You will need to document pain and suffering and provide as much objective evidence as possible to help prove what you are experiencing.

The following evidence could help establish your pain and suffering damages:

  • Your doctor’s written opinion about the nature and extent of your pain
  • A mental health expert’s testimony about your state of mind
  • Medical imaging test results that show soft-tissue injuries, broken bones or other objective signs of injury
  • Records of the pain medications you have been prescribed
  • A daily pain journal in which you document your pain and suffering
  • Testimony from friends or family regarding your pain and suffering and the limitations you now face

How Insurance Companies Calculate Pain and Suffering Damages

Insurance companies are not required to follow specific criteria for calculating a person’s pain and suffering. No exact standard is recognized for measuring pain and suffering and other types of non-economic damages. Additionally, the damages are calculated on a case-by-case basis.

Often, your pain and suffering damages are calculated by considering many factors, such as:

  • The nature of your injuries
  • The severity of your injuries
  • How long the injuries will likely take to heal
  • The pain and discomfort associated with these types of injuries
  • The type of medical treatment you must receive to treat your injuries
  • How the injuries have affected your life, job and hobbies
  • Whether you will likely require future care, surgeries, medication or rehabilitation

Insurance adjusters may use a variety of methods to calculate your pain and suffering damages, including:

  • Multiplier method – The insurance adjuster multiplies your medical expenses by a number, often between 1.5 and five. The more serious the injury, the higher the number is likely to be.
  • Per diem method – This method establishes a set rate for damages per day. The days the victim recovered are multiplied by this daily rate to come up with a value.
  • Medical specialist daily rate – Insurers may also use the daily rate of the medical specialist who treated the injury to establish an amount for pain and suffering.

Call Now for a Free Consultation

If you were injured in an accident, it is important to work with a licensed lawyer with a history of results who can help you pursue maximum compensation for the pain and suffering you have endured because of the defendant’s negligent actions.

We provide a free consultation to discuss your claim and determine if you may be eligible for compensation. After thoroughly reviewing the circumstances involved in your case, we can explain what your damages may be worth.

Contact us today to schedule a free case review. Call (800) 518-0508

* Results may vary depending on your particular facts and legal circumstances.

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