Pain and suffering covers the physical pain and emotional impact of an injury. Unlike medical bills, it has no receipt, so insurers and courts estimate it using rough methods.
Common estimating methods
- The multiplier method multiplies medical expenses by a number chosen by the adjuster, often based on severity.
- The per diem method assigns a daily dollar amount for each day of suffering.
- Neither is a legal formula. They are negotiating tools.
Factors that matter
- Severity and permanence of the injury.
- Length and intensity of treatment.
- Impact on work, sleep, hobbies and relationships.
- Scarring or disfigurement.
- Credible medical records and consistent treatment.
A hypothetical illustration
If a claimant had $10,000 in medical bills and an adjuster applied a multiplier of two, the pain and suffering estimate would be $20,000. This is only an example. Adjusters may choose different numbers, and some states cap non-economic damages.
Strengthening your claim
- Follow your doctor's treatment plan.
- Keep a daily journal of symptoms and limits.
- Save photos of injuries.
- Keep medical and work records.
- Do not post about your activities on social media.
Frequently asked questions
Do all states allow pain and suffering?
Most do for sufficiently serious injuries, but no-fault states have thresholds.
Is it taxable?
Compensation for physical injury is generally not taxable.