Pain and suffering are about how much the injury has affected you physically, emotionally, and mentally. This includes your daily pain, the stress it causes, how long it lasts, and how it changes your life. Because these things are personal and unique, the final amount you might get in compensation depends on many different factors.
Pain and suffering also include how the injury affects your mind and emotions. For example, you might feel anxiety, fear, depression, or stress because of what happened to you. Some people have trouble sleeping, get frustrated more easily, or stop enjoying things they used to love. This is all part of what’s called non-economic damages.
There’s no set chart or rulebook for how much you’ll get. Every person’s body, lifestyle, and recovery process is different. Two people with the same injury could end up with very different pain and suffering. To ensure you do not end up with a lesser amount, you should consider working with an experienced lawyer for pain and suffering claims who knows how to present your story in a way that shows just how much your injury has impacted your life.
Why the Amount You Receive Can Be So Different
There isn’t just one way to figure out how much your pain and suffering are worth. Two people can have the same injury but end up with very different amounts of compensation. That’s because of how the law handles these claims and the specific details of each case.
Here are some of the reasons your compensation can vary:
How your damages were calculated
One of the biggest reasons for the difference is how your damages are calculated. There are two common ways to do this. The first is the multiplier method. This is when your medical expenses are multiplied by a number between 1.5 and 5, depending on how serious your injury is and how much it affects your life.
The second is the per diem method. This assigns a specific amount of money for each day you’re in pain or dealing with the effects of the injury. These daily amounts are added up over the time it takes you to recover. Which method gets used can make a big difference in the final number.
Some legal teams also look at similar past cases; this is called the comparative method. They look at what juries or insurance companies have awarded in similar situations. This gives them a range to work with during negotiations or court hearings. But again, every person’s situation is different, so even this method doesn’t guarantee a set number.
Your injury’s severity and type were different
The worse your injury is, the more compensation you’re likely to receive. A broken bone might bring more pain and suffering damage than a sprained ankle. A brain injury or spinal damage could bring even more because these types of injuries usually have long-lasting or permanent effects.
Suppose your injury is visible, like a scar or disfigurement, that can also increase your compensation. That’s because people often struggle emotionally with how they look or how others treat them after an injury like that. The emotional side of those changes has a significant effect, and the law does recognize that.
The length of your recovery differed from theirs
If your injury heals quickly and you’re back to normal in a few weeks, your pain and suffering damages probably won’t be that high.
But if you’re dealing with chronic pain, long-term recovery, or a permanent change in your health, then the amount can be much higher. Technically, the longer you suffer, the more compensation you may deserve.
Some injuries never fully heal, or they require constant treatment like physical therapy, medication, or multiple surgeries. If your life is affected for months or years, or permanently, that will likely increase the compensation you’re entitled to compared to the other person.
The kind of medical treatment you go through affects the calculation
If your injury required surgery, rehabilitation, or ongoing treatment, it shows that your pain and recovery were more serious. These treatments are also stressful and painful in their own way. A person who had to go through multiple medical procedures likely suffered more than someone who just needed rest and basic care.
Pain and suffering aren’t just about the injury itself. It’s about everything you had to go through because of it. The more invasive or long-lasting your treatment, the more evidence there is that you experienced serious pain and distress.
One of you had more proof.
You can’t just say you’re in pain and expect to be believed. You need proof. That includes medical records, doctor’s notes, statements from people who know you, and your own clear and honest description of what you’re going through.
If your lawyer can present that information in a strong and believable way, your compensation will likely be higher.
Judges, juries, and insurance companies want to see real evidence. The more you have, and the better it’s presented, the better your outcome can be compared to the other person.