When someone is hurt in an accident, they may have more than just medical bills and lost wages. They may also suffer from pain, emotional distress, or a lower quality of life. These types of losses are called pain and suffering damages, and they are a key part of many personal injury cases in Florida.
Understanding how pain and suffering damages are calculated can help you know what to expect during your case. In this article, we’ll explain what these damages are, how they’re calculated, and what factors affect their value.
What Are Pain and Suffering Damages?
Pain and suffering damages are a type of non-economic damages. That means they are not based on exact dollar amounts like medical bills or car repairs. Instead, they cover the physical pain and emotional trauma caused by an injury.
Pain and suffering can include many things, such as:
- Ongoing physical pain
- Emotional distress or mental health problems (like anxiety or depression)
- Loss of enjoyment of life
- Trouble sleeping
- Permanent scars or disfigurement
- Limitations on physical activities or hobbies
Because these losses are personal and not easy to measure, the law allows victims to ask for fair compensation based on how their lives have changed.
The Two Main Methods of Calculation
There is no exact formula for calculating pain and suffering. However, there are two common methods that insurance companies, attorneys, and courts use in Florida:
The Multiplier Method
This is the most widely used method. First, all economic damages are added up—such as medical bills, lost income, and other out-of-pocket expenses. Then, that total is multiplied by a number (usually between 1.5 and 5) to estimate pain and suffering.
The multiplier depends on the severity of the injury. A minor injury might result in a lower multiplier, like 1.5 or 2. On the other hand, a serious injury with lasting pain or disability might result in a multiplier of 4 or 5.
For example, if your medical bills and lost wages total $30,000 and the multiplier used is 3, your pain and suffering damages would be $90,000.
The Per Diem Method
“Per diem” is Latin for “per day.” This method assigns a daily dollar amount to your pain and suffering. Then that amount is multiplied by the number of days you were affected by the injury.
For example, if the daily rate is $200 and you suffered for 180 days, your pain and suffering amount would be $36,000.
This method is less common in Florida because it can be hard to justify a daily rate and track recovery days, but it may be used in certain cases.
Factors That Affect the Value of Pain and Suffering
Every personal injury case is different. The amount of money awarded for pain and suffering depends on many factors, such as:
Severity of the Injury
More serious injuries typically lead to higher pain and suffering awards. If your injury caused permanent damage, required surgery, or resulted in long-term disability, it will likely increase your compensation.
Length of Recovery
The longer your recovery takes, the higher your pain and suffering damages might be. Ongoing physical therapy, multiple doctor visits, or long hospital stays can all show how much you’ve suffered.
Impact on Daily Life
If your injury prevents you from working, doing household tasks, or enjoying hobbies, this could raise your pain and suffering award. Courts look at how much your life has changed.
Emotional and Mental Impact
It’s not just about physical pain. Emotional trauma, such as fear, depression, PTSD, or anxiety, is also considered. If you’re seeing a counselor or therapist, it can help prove this part of your claim.
Strength of Medical Evidence
Medical records, doctor’s notes, and expert opinions can all support your claim. The more evidence you have showing your pain and suffering, the stronger your case.
At the end of the day, the goal is to show how the injury has impacted your life, not just physically, but emotionally and mentally as well.
Insurance Company Tactics
It’s important to know that insurance companies are not always eager to pay fair compensation for pain and suffering. Their main goal is to settle the case quickly and for as little money as possible. They may argue that your injuries aren’t serious or that you recovered quickly.
Contact a Pensacola Personal Injury Lawyer at Gross & Schuster Injury Lawyers for a Free Consultation
If you or a loved one has been injured, you can trust the legal team at Gross & Schuster Injury Lawyers to review your pain and suffering damages and fight for the maximum compensation available. Contact us online or call our law office at (850) 434-3333 to schedule a free consultation with a Pensacola personal injury attorney.