Pain and Suffering Damages: How Are They Calculated?
When someone is hurt due to another’s negligence, the road to recovery goes far beyond medical bills and property damage. Physical discomfort, emotional anguish, and mental distress can bother someone long after an accident. That’s where pain and suffering damages come into play.
At Gardner Law Firm, we understand how deeply personal injury can affect a person’s life, and that part of pursuing fair compensation means calculating pain and suffering in a way that reflects what you’ve truly been through. Our attorney is a skilled negotiator and battle-tested trial lawyer who will work hard to secure fair compensation. We serve injury victims throughout Rockport and Corpus Christi, Texas.
While economic damages are relatively straightforward, non-economic damages like pain and suffering are far more challenging to quantify. Courts and insurance companies must use certain methods to place a dollar amount on intangible hardships, and doing so takes into account both the short- and long-term effects of a personal injury.
The result can significantly impact the outcome of a personal injury case.
Let’s take a detailed look at how pain and suffering damages are calculated, what influences them, and why they matter so much to those recovering from serious injuries.
What Counts as Pain and Suffering?
Pain and suffering include both the physical pain and emotional distress caused by an injury. This doesn’t stop at broken bones or hospital stays—it extends to any discomfort that affects daily life, relationships, work, or peace of mind.
Common examples of pain and suffering include:
Physical pain and discomfort: This refers to the actual physical sensation of pain, both during recovery and potentially in the long term.
Emotional distress: Anxiety, depression, and PTSD are frequent emotional consequences of serious injuries.
Loss of enjoyment of life: When someone can no longer participate in hobbies, social activities, or other pleasures due to their injury.
Sleep disturbances: Chronic pain or mental anguish can severely impact a person’s ability to sleep.
Relationship strain: Injuries can strain or even end marriages, friendships, and other close relationships.
Loss of companionship: If a family member has died or is severely disabled in an accident, surviving loved ones may claim loss of consortium.
These types of harm don’t always come with receipts or invoices, but their impact can be just as severe—if not worse—than direct financial losses.
When Are Pain and Suffering Damages Awarded?
Pain and suffering damages are generally awarded in personal injury cases where someone else is clearly at fault. This includes a wide range of incidents:
Car accidents: Whether minor or severe, injuries from car accidents can have lasting physical and emotional consequences.
Truck and motorcycle crashes: The more severe the accident, the more likely pain and suffering damages will be significant.
Slip and fall accidents: Often seen in premises liability cases, these injuries can lead to lasting complications.
Medical malpractice: When a healthcare provider's mistake leads to lasting harm or disfigurement.
Dog bites and animal attacks: These cases can result in both scarring and psychological trauma.
Workplace injuries: Particularly when negligence by an employer or third party is involved.
For pain and suffering damages to be awarded, the plaintiff must show that the injuries caused real and lasting harm, beyond the physical.
Two Main Methods Used to Calculate Pain and Suffering
There’s no fixed formula that courts use to calculate non-economic damages, but there are two widely accepted methods: the multiplier method and the per diem method. Each has its approach to translating a personal injury into financial terms.
The Multiplier Method
This is the most commonly used method in personal injury cases. It starts by adding up all the plaintiff’s actual, or “economic,” damages—medical bills, lost wages, etc.—then multiplying that total by a number that reflects the severity of the injury. That number (called the multiplier) usually ranges between 1.5 and 5. Factors that influence the multiplier include:
Severity of the injury
Length of recovery
Impact on daily life
Likelihood of permanent damage
Emotional trauma involved
For example, if a person has $40,000 in economic damages and the court decides on a multiplier of 3, their pain and suffering damages would be $120,000.
The Per Diem Method
In this approach, the injured person is assigned a daily dollar value for their pain and suffering. That amount is then multiplied by the number of days they’re expected to suffer from the injury.
Say a court determines $200 per day is appropriate, and the individual is expected to endure pain and emotional suffering for 180 days. That would amount to $36,000 in pain and suffering damages.
The per diem method is more commonly used when injuries are expected to resolve in a specific time frame. For permanent or chronic injuries, courts usually turn to the multiplier method.
What Influences the Value of Pain and Suffering Damages?
The calculation of pain and suffering isn’t just a numbers game. Multiple factors are reviewed before determining the appropriate value. These include both the injury itself and how it affects your life.
Factors that influence the value of pain and suffering damages:
Type and severity of the injury: More serious injuries typically lead to higher awards.
Duration of recovery: A longer recovery timeline increases both physical and emotional strain.
Disfigurement or permanent impairment: Visible scars or permanent limitations add weight to the damages claimed.
Mental and emotional health impact: Documented anxiety, depression, or PTSD plays a significant role in these evaluations.
Impact on lifestyle or career: If the injury has prevented you from returning to work or enjoying life as you once did, it matters.
Testimony from medical professionals and mental health providers: These understandings help confirm the presence and extent of pain and suffering.
Each case is different, and personal injury outcomes vary based on how deeply the incident has changed someone’s daily experience.
Evidence Used to Support Pain and Suffering Claims
Since pain and suffering aren’t as measurable as hospital bills or car repair receipts, supporting evidence becomes incredibly important. Courts and insurers rely on strong documentation to justify any award.
Helpful evidence in pain and suffering claims includes:
Medical records and diagnoses: These demonstrate the physical damage and the treatment involved.
Mental health evaluations: Therapy records or psychological assessments support emotional distress claims.
Photographs of injuries or scarring: Visual evidence can speak volumes.
Personal journals or diaries: These can show the day-to-day impact of the injury.
Statements from family, friends, or coworkers: They provide context on how the injury has changed your mood, behavior, or activity level.
Work attendance records or performance reviews: These can highlight the effect on your ability to work or maintain your career.
The more your suffering is documented, the more likely it is to be recognized and valued during your personal injury case.
How Insurance Companies Approach Pain and Suffering
When a personal injury claim is brought against an insurance company, their goal is often to pay as little as possible. Pain and suffering damages are subjective, so they’re commonly contested.
Insurers may use software tools or internal guidelines to determine what they think your pain and suffering is worth. These formulas often undervalue true suffering because they don’t account for unique human experiences.
That’s why it’s critical to work with a lawyer who knows how to build a strong case with supporting evidence, persuasive arguments, and real-life proof of impact.
Negotiating with insurance companies often means countering lowball offers with:
Documented evidence of emotional and physical hardship
Medical assessments indicating long-term consequences
Testimony showing reduced quality of life
A straightforward calculation method, such as the multiplier or per diem approach
When Pain and Suffering Damages May Be Limited
It’s important to note that some states have caps on non-economic damages, depending on the type of personal injury case involved. These caps usually apply in medical malpractice cases and may limit what can be recovered for emotional and physical suffering.
Texas, for instance, places a cap on pain and suffering damages in medical malpractice lawsuits. Other types of personal injury claims generally don’t have these limits. A knowledgeable lawyer can confirm whether any caps apply to your case and help work through the next steps accordingly.
Speak to a Personal Injury Lawyer Today
If you’ve suffered a personal injury and believe you may be entitled to compensation for pain and suffering, Gardner Law Firm is here to help. We represent clients across Rockport and Corpus Christi, Texas. Let’s talk about your case and build a strategy based on your experience and the long-term challenges you're facing.