Calculating Pain and Suffering in a Personal Injury Case

Getting hurt in an accident doesn’t just take a toll on your wallet—it can turn your whole life upside down. From the physical pain that lingers long after the initial injury to the emotional stress of missing work, family activities, or just the simple pleasures of everyday life, the effects can be overwhelming. While things like medical bills and lost wages are pretty easy to calculate, putting a number on pain and suffering is much more complicated.

If you’ve been injured in Nassau County, Suffolk County, or New York City, you might be wondering how insurance companies or courts decide what your pain and suffering is worth. How do they measure something so personal? And how can you make sure you’re getting fair compensation? Here’s what you should know.

What Are Pain and Suffering Damages?

Pain and suffering refer to the physical and emotional distress caused by an injury. This includes the physical pain you experience from the injury itself, as well as any ongoing discomfort that results from treatment or long-term effects. It also covers emotional pain like anxiety, depression, and the mental toll of dealing with the aftermath of an accident.

Unlike medical expenses or lost wages, pain and suffering don’t come with a clear dollar amount. It’s subjective, and that’s where the challenge lies in calculating these damages. The good news is, there are methods to help determine what you deserve.

The Methods for Calculating Pain and Suffering

There are a few common ways that insurance companies and courts calculate pain and suffering, with the two most popular methods being the Multiplier Method and the Per Diem Method. Both are used to translate your pain into a monetary value—but they go about it in different ways.

1. The Multiplier Method

This is the most commonly used method for calculating pain and suffering in personal injury cases. It works by taking your actual economic damages—like medical bills and lost wages—and multiplying them by a number between 1 and 5. The multiplier is meant to reflect the severity of your injury and its impact on your life.

For example, if you have $10,000 in medical bills and lost wages, and your attorney believes your pain and suffering should be multiplied by 3, you could receive $30,000 for pain and suffering, making your total damages $40,000. The more severe your injury, the higher the multiplier.

2. The Per Diem Method

The per diem method assigns a daily value to your pain and suffering. The idea is to estimate how much your pain is worth each day from the moment of the injury until you reach maximum medical improvement (when you’re as healed as you’re going to get). This method is less commonly used but can be effective in cases where the injury has a long-term impact on your life.

For example, if your pain and suffering are estimated to be worth $100 a day, and it’s expected to last for 6 months, your pain and suffering damages could be calculated at $18,000 ($100 per day x 180 days).

What Influences the Amount Awarded for Pain and Suffering?

While both methods can help calculate pain and suffering, several factors can influence how much you’re ultimately awarded:

1. The Severity of the Injury

The more serious your injury, the higher the potential award for pain and suffering. For example, a broken bone that heals in a few weeks will typically result in a lower award than a spinal cord injury that causes long-term disability.

2. The Duration of the Pain

If your injury is expected to cause pain for a long period, or if it leads to permanent effects, you’re likely to receive a higher amount for pain and suffering. Chronic pain or ongoing emotional distress often results in higher compensation.

3. The Impact on Your Life

Pain and suffering can be measured not only by the physical pain you feel but also, by how your life is affected. If your injury prevents you from working, attending family events, or participating in hobbies you love, it can increase the value of your pain and suffering.

4. The Emotional Toll

In addition to physical pain, the emotional toll of an injury matters. Anxiety, depression, and a general loss of enjoyment in life can all contribute to the amount awarded.

5. The Insurance Company’s Strategy

Unfortunately, not all insurance companies play fair. Some may try to minimize pain and suffering claims to keep settlement costs down. Having an experienced attorney on your side ensures that your case is presented in the best light possible, showing the true impact of your injury on your life.

Why You Need an Attorney

Pain and suffering can be tricky to calculate, and insurance companies may try to downplay the impact of your injury. An experienced attorney can help by gathering medical records, consulting with experts, and presenting a compelling case to show how your injury has affected your life.

At Kohan Law Group, we understand that no amount of money can undo the pain you’ve gone through—but we’re committed to helping you get fair compensation for your suffering. If you’ve been injured in Nassau County, Suffolk County, and New York City, we’re here to guide you through the process and fight for your rights.