Did You Know That Pain and Suffering Is Included in the Compensation for Personal Injury Cases?

When you’ve been injured due to someone else’s negligence, whether from a car accident, slip and fall, or another kind of incident, you probably know you can seek compensation for medical bills and lost wages. 

But what about the emotional toll, the sleepless nights, the anxiety, and the changes to your daily life? That’s where pain and suffering play a role.

At The Nation Law Firm, we believe it’s important for you to understand all aspects of a personal injury claim, especially the non-economic damages you’re entitled to. Pain and suffering isn’t just a legal buzzword. It’s a real and compensable part of your case, and we’re here to break it down for you.

What Are Non-Economic Damages?

In personal injury cases, compensation is typically divided into two categories: economic damages and non-economic damages.

• Economic damages cover quantifiable losses like:
  • Medical expenses (past and future)
  • Lost income
  • Property damage
  • Rehabilitation or therapy costs
     
• Non-economic damages, on the other hand, refer to losses that are harder to measure but are just as real. These include:
  • Physical pain
  • Emotional distress
  • Loss of enjoyment of life
  • Mental anguish
  • Disfigurement or permanent disability
  • Loss of companionship or consortium

Pain and suffering falls squarely under non-economic damages.

How Is Pain and Suffering Calculated?

There’s no one-size-fits-all formula for determining pain and suffering, but courts and insurance companies typically use a few common methods. These calculations aim to put a fair dollar value on your physical and emotional suffering.

1. The Multiplier Method

This is the most commonly used approach. This works by adding up all your economic damages (like medical bills and lost wages), then multiplying that total by a number typically between 1.5 and 5, depending on the severity of your injury.

For example, if your economic damages are $40,000 and your injuries are deemed moderate, your multiplier might be 3.

That means: $40,000 x 3 = $120,000 total compensation (including $80,000 for pain and suffering).

Factors that influence the multiplier include:

• Severity of injury
• Length of recovery
• Level of daily disruption
• Whether the injury is permanent

2. The Per Diem Method

This method assigns a daily rate to your pain and suffering and multiplies it by the number of days you’re expected to endure the pain.

For example, if your attorney argues that $200/day is a fair rate and you suffer for 180 days, then: $200 x 180 = $36,000 for pain and suffering.

While less commonly used than the multiplier method, this approach can be persuasive in court, especially when supported by medical evidence and expert testimony.

Why You Need an Experienced Attorney

Insurance companies often downplay or outright deny non-economic damages. They may argue that your injuries aren’t that serious, or that your emotional suffering is “hard to prove.” That’s why it’s so important to have a skilled personal injury attorney by your side.

At The Nation Law Firm, we know how to:

• Gather evidence that supports your pain and suffering claims (like medical records, therapist notes, and impact statements)
• Work with medical and psychological experts to demonstrate the severity of your injury
• Negotiate with insurance companies that want to minimize your claim
• Take your case to court if necessary to pursue full compensation

Contact The Nation Law Firm Today

Pain and suffering is more than just legal jargon. It’s about recognizing the real impact an injury has on your life, from not being able to pick up your kids, to living with chronic pain, to struggling with anxiety or PTSD.

Your personal injury claim should reflect all of that, not just the numbers on your hospital bills.

If you or a loved one has been injured, don’t settle for less than you deserve. Contact The Nation Law Firm for a free consultation. We’ll help you understand your rights, evaluate your case, and fight for the full compensation you’re owed, including pain and suffering.