How Are Pain and Suffering Damages Calculated?
When you’re hurt in an accident that isn’t your fault, you can seek damages beyond your medical bills and lost wages. Pain and suffering damages are one example of these non-economic damages you may be entitled to. Unlike medical costs, you won’t have a receipt for your pain and suffering, so it can be harder to evaluate.
Below, our Charlotte injury lawyers talk about pain and suffering damages, how insurance companies and courts estimate them, and what affects the amount you could receive. These points can help you build a stronger case if you need to file a personal injury claim.
What Are Pain and Suffering Damages?
Pain and suffering covers the physical pain and emotional toll caused by your injuries. It’s meant to cover damages for things like:
- Ongoing Physical Pain: Aches or discomfort from broken bones, surgeries, or other serious wounds
- Emotional Distress: Anxiety, depression, or post-traumatic stress that develops after an accident
- Loss of Enjoyment: Trouble doing hobbies or activities you used to love
- Scarring or Disfigurement: Changes to your body that affect how you feel about yourself
These issues can influence your life in big ways, so courts and insurance companies allow you to seek compensation for them.
Factors That Affect Pain and Suffering Amounts
When deciding how much to give you for pain and suffering, insurers and courts look at several things:
- The Severity of Your Injuries: More severe injuries, like a major head trauma or brain injury, often bring bigger pain and suffering damages than something like a minor sprain.
- Length of Recovery: Short-term injuries usually lead to smaller payouts compared to those causing long-term or permanent problems.
- Impact on Daily Life: If your injuries stop you from working, caring for your family, or enjoying your favorite pastimes, you may be entitled to more money.
- Evidence of Harm: Strong medical records, therapy notes, or even personal journals can show how your life has changed after the accident.
- Contributory Negligence: North Carolina has a “contributory negligence” rule. You might be barred from recovering compensation if you were partly to blame for the accident.
Every case is different because everyone deals with injuries in their own way.
Common Ways To Calculate Pain and Suffering
Courts and insurance companies don’t follow a single rule for pain and suffering. However, two popular methods often show up:
- Multiplier Method: Here, they add up your economic damages (like hospital bills and lost wages) and multiply that total by a number (often between 1.5 and 5). More serious injuries usually get a higher multiplier.
- Per Diem Method: With this approach, you assign a daily dollar amount to your pain and suffering. Then, multiply it by the number of days you’ve been hurt or are expected to heal.
These methods offer a rough estimate, not a strict rule. A judge or jury can still adjust the amount if they think it’s too high or too low.
Showing Proof of Your Pain and Suffering
Pain and suffering damages aren’t supported by bills or receipts, so you’ll need different proof, which may include:
- Medical records
- Statements from mental health experts
- Personal journals
- Friends and family
- Photos and videos
A strong set of records can help show the full effect of your injuries, which can boost your pain and suffering damages.
Caps on Pain and Suffering and Shared Fault Rules
In North Carolina, there is only a cap on pain and suffering damages in medical malpractice cases, which is raised every three years for inflation.
The state also has strict “contributory negligence” rules. That means you can be prevented from recovering damages from the other party if you are found partially responsible for your accident. Because of this law, having an experienced attorney on your side is critical.
Contact a Charlotte Personal Injury Lawyer for a Free Consultation
Figuring out the value of pain and suffering can be one of the hardest parts of a personal injury claim. While tracking your medical bills or lost income is simpler, it can be tougher to show the emotional and physical toll of an injury.
If you’d like more information or think an insurance company isn’t taking your pain and suffering seriously. Reach out to Chandler Volta Personal Injury Lawyers for a free consultation. Contact us today at (704) 980-9999. Most attorneys in the area of the law only get paid if they win compensation for you.