When you’ve been injured in an accident, the financial costs, like medical bills and lost wages, are only part of the impact. Emotional distress, physical pain, and disruptions to your daily life can be just as significant, often leaving lasting effects that go beyond the numbers.
This is where pain and suffering damages come into play. Unlike economic losses, these damages account for the mental and physical hardships caused by the accident. Because they are harder to quantify, insurance companies carefully review them. Now, let’s discuss how to ensure your pain and suffering damages are fairly calculated:
Document Everything Carefully
Keeping detailed records is key to showing the full impact of your non-economic damages to an adjuster or jury.
- Start a daily journal: Track pain levels (0–10), affected areas, limits on sleep, work, chores, parenting, hobbies, and social life. Include any missed events.
- Monitor treatment and medication: Record appointments, diagnoses, physical therapy or home exercises, medications, dosages, and side effects like drowsiness or nausea.
- Take photos or videos: Use date-stamped images to show visible injuries, mobility limits, and changes over time.
- Keep receipts and records: Save out-of-pocket expenses, mileage to medical visits, adaptive equipment, and any home modifications.
- Mind your online presence: Avoid posts that downplay your limitations, as screenshots can be taken out of context.
Learn the Calculation Methods
Understand how adjusters calculate pain and suffering in order to recognize low offers.
- Multiplier method: Multiply your economic damages (like medical bills and lost wages) by a number, usually between 1 and 5 or more. The multiplier tends to be higher if there are objective medical findings, invasive treatments, permanent scarring or impairment, or clear liability. It may be lower if there are gaps in treatment or shared fault.
- Per diem method: Assign a daily rate (sometimes based on your daily wage) and multiply it by the number of days from the injury to maximum medical improvement (MMI). Additional amounts may be added for lasting limitations or ongoing pain.
Seek Expert Testimony
When claiming pain and suffering damages, expert testimony can turn your personal experience into clear, persuasive evidence. Consider the following types of experts:
- Treating physicians & specialists: Explain your diagnoses, how the injury happened, why treatment was necessary, and any permanent effects.
- Physical or occupational therapists: Show how your injury limits movement, strength, or daily activities.
- Vocational experts & economists: Demonstrate how your injury affects your ability to work now and in the future, including lost income.
- Life-care planners: Estimate future medical needs and costs to ensure ongoing care is accounted for.
- Mental health professionals: Document emotional and psychological impacts, like anxiety, depression, or trauma.
Don’t Accept Too Easily
Early settlements often overlook future pain and complications. Settle only when your condition has stabilized, so you understand any lasting symptoms and ongoing care needs.
- Plan for the future: List anticipated treatments, surgeries, injections, therapy, flare-ups, and lifestyle impact to ensure they’re considered.
- Review paperwork carefully: Avoid signing broad releases, recorded statements, or unnecessary medical authorizations that could limit your claim.
- Mind deadlines: Be aware of the statute of limitations and file your claim on time to preserve your legal rights.
- Resolve liens: Negotiate with health insurance, MedPay, and medical providers to prevent a larger gross settlement from resulting in a smaller net recovery.
Hire a Seasoned Lawyer
An experienced personal injury (PI) attorney can help maximize your recovery and guide you through common pitfalls.
- Strategy & valuation: Your lawyer can build a strong case using medical records, expert opinions, and a clear presentation of damages.
- Negotiation & advocacy: They can challenge low multipliers, address gaps in care, and handle credibility issues before insurers use them against you.
- Access to experts: Attorneys can retain and prepare credible medical, vocational, and economic experts for depositions or trial.
- Administrative & lien management: They monitor subrogation, liens, and billing errors to ensure you keep as much of your recovery as possible.
Conclusion
Fairly calculating pain and suffering damages requires more than just pointing to the pain you feel; it involves preparation, documentation, and professional support. By keeping strong records, understanding how damages are valued, and seeking expert and legal help, you can protect your right to full and fair compensation.
- Keep a detailed journal and medical documentation.
- Learn how insurers calculate pain and suffering (multiplier and per diem methods).
- Use expert testimony to support your claims.
- Avoid rushing into settlements.
- Consult an experienced personal injury attorney.
