When someone is injured due to an accident, the financial consequences are often immediately clear: medical bills, lost wages, and property damage. But there’s another, less tangible component of harm—pain and suffering. This refers to the physical pain, emotional trauma, and long-term effects that disrupt a person’s ability to live as they once did.
Pain and suffering are legally categorized under non-economic damages. Unlike medical expenses or repair bills, they aren’t tied to a clear receipt or dollar value. Instead, they reflect the full human experience of the injury—its emotional, psychological, and lifestyle consequences. For instance, someone suffering from a broken leg may not only experience physical discomfort but also depression from being unable to work or care for their family.
The Difference Between Economic and Non-Economic Damages
Understanding the difference between economic and non-economic damages helps clarify why pain and suffering are harder to quantify. Economic damages cover tangible losses like hospital bills, prescription costs, rehabilitation, and lost income. Non-economic damages, like pain and suffering, cover the intangible impact of the injury.
If two people both suffer the same fracture, their economic damages might be similar. But if one of them is an athlete and can no longer compete professionally, their pain and suffering damages could be significantly higher because the injury deeply affects their way of life.
Legal Eligibility to Claim Pain and Suffering
To pursue compensation for pain and suffering, a person must first establish that another party’s negligence directly caused the injury. That means showing that the at-fault party had a duty of care, breached that duty, and that the breach led to harm.
Once this chain is established, the victim can seek both economic and non-economic damages, including pain and suffering. Working with an experienced personal injury attorney can make this process clearer and help ensure that all potential damages are properly documented and pursued.
This can apply in cases ranging from slips and falls and auto collisions to defective products and medical malpractice. The injury must be severe enough to merit compensation, and documentation is critical. Soft tissue injuries or minor bruises, for instance, may not yield high awards unless accompanied by strong evidence of long-term suffering or functional loss.
Common Methods for Calculating Pain and Suffering
The Multiplier Method
The multiplier method is the most common way to calculate pain and suffering damages. It involves taking the total amount of economic damages and multiplying it by a number between 1.5 and 5, depending on the severity of the injury. For example, if a victim incurs $20,000 in medical expenses and lost wages, and their injuries are considered moderately severe, a multiplier of 3 might be applied, resulting in $60,000 for pain and suffering.
Several factors influence the multiplier:
- Severity and permanence of the injury
- Impact on daily life
- Level of medical treatment required
- Evidence of emotional or psychological trauma
- Length of recovery period
The Per Diem Method
In the per diem method, a daily monetary value is assigned to the victim’s suffering, and that amount is multiplied by the number of days the person is expected to experience pain and limitations. For instance, if the per diem is set at $200 and the person is expected to suffer for 180 days, the total would be $36,000.
This method is more subjective and often depends on strong documentation from medical providers, therapists, and even personal journals that illustrate the extent of suffering.
Supporting Evidence for a Pain and Suffering Claim
To make a convincing case for pain and suffering, strong evidence is key. Legal professionals rely on a combination of medical records, witness statements, and personal documentation to show the extent of suffering. Useful materials include:
- Medical records and diagnosis notes
- Photos of injuries
- Testimony from doctors and mental health professionals
- Prescription histories for pain or anxiety medications
- Journals or daily logs documenting symptoms and mental state
- Testimony from friends, family, or coworkers about behavioral changes
The clearer and more specific the evidence, the more likely the court or insurance adjusters are to award significant compensation.
Real-World Case Values and Settlement Ranges
Across the U.S., pain and suffering settlements vary significantly depending on injury type and context. According to Martindale-Nolo’s 2020 Personal Injury Survey, the average payout for pain and suffering in a personal injury case was between $15,000 and $75,000, though cases involving permanent disabilities often resulted in six- or seven-figure awards.
Insurance adjusters will often try to minimize non-economic damages, arguing that the emotional impact is exaggerated or unproven. Legal representation ensures that claimants present their experiences credibly and compellingly, helping to secure compensation that truly reflects their losses.
Why a Legal Strategy Is Critical
Legal expertise is crucial when pursuing pain and suffering damages. Attorneys understand how to frame the claim, negotiate with insurance companies, and present evidence in a way that resonates with adjusters or juries. Without legal assistance, many victims underestimate their claim’s value or fall into traps set by insurance representatives trained to reduce payouts.
Moreover, attorneys often bring in medical experts and economic analysts to support claims. This not only strengthens the case but adds an objective voice that can sway a settlement or verdict in favor of the injured party.
Final Thoughts
Pain and suffering damages recognize that not all losses are financial. An injury’s effect on your emotions, mental health, and daily activities matters. Whether you’re dealing with long-term physical pain or emotional trauma, these non-economic damages help compensate for what you’ve lost on a human level.
With the right legal strategy and thorough documentation, it’s possible to receive fair compensation for both seen and unseen injuries.