How Are Pain and Suffering Calculated in a Personal Injury Case?

Pain and suffering often impact how much compensation one may seek from an at-fault party in a personal injury case. While economic damages, such as lost wages, medical bills, or funeral expenses (in the event of a wrongful death), are generally quantifiable, putting a price on non-economic damages is a bit more challenging. 

Pain and suffering damages vary for every case, though there are some limits Pennsylvania residents should be aware of. State laws rule that plaintiffs can sue the Commonwealth of Pennsylvania for up to $1 million per claim. If you’re suing a local government entity, you cannot receive more than $500,000 in personal injury compensation. 

To assess someone’s pain and suffering, the court may look at evidence like:

• Medical records
• Photos of their injuries
• Professional testimony
• Witness statements

The Multiplier Method

Calculating pain and suffering in personal injury cases often relies on a framework called the multiplier method. The court examines evidence highlighting the victim’s injuries and economic losses before assigning a multiplier amount, ranging from 1 to 5, to represent non-economic damages. 

Once the court determines your level of pain and suffering on this scale, you can multiply it by your economic damages to determine your emotional distress damages. For instance, if the total economic damages amount to $10,000 and the court assigns a multiplier of 2, a victim’s pain and suffering would be worth $20,000. This brings the case’s total value to $30,000.

The Per Diem Method

Another way of calculating pain and suffering in a personal injury case is the per diem method. Courts may utilize this method when a victim sustains a temporary injury. Officials determine a set amount for someone’s non-economic damages per day and multiply that figure by the length of their recovery.  

For example, imagine someone breaks their leg in a slip-and-fall accident and is unable to drive, work, or engage in other daily activities for 60 days. The court could decide the victim’s pain and suffering is worth $200 per day. Based on their 60-day recovery period, the victim may seek a total of $12,000 in non-economic damages.

Your pain and suffering in a personal injury case matter. Contact Ostroff Godshall Injury and Accident Lawyers to discuss your circumstances and develop a legal strategy to pursue compensation. Reach out to us online or call (484) 351-0350 to schedule a free consultation at one of our nine Pennsylvania locations.