In order to pursue a lawsuit after a car accident injury, it’s important to understand the term “pain and suffering”—and how it is calculated.

What Does ‘Pain and Suffering’ Mean?

The legal term “pain and suffering” refers to injuries sustained by the plaintiff in a lawsuit, and encompasses both physical injuries as well as mental and emotional injuries, according to Cornell’s Legal Information Institute . This term refers to the injuries and discomfort the plaintiff has suffered up until the point the lawsuit is filed, as well as injuries and discomfort they will continue to experience in perpetuity.

What Injuries Count as Pain and Suffering?

A wide variety of injuries can fall under this umbrella term. Indeed, anything from simply needing a chiropractor after an accident to suffering an irreversible brain injury is included in this definition.

Keep in mind that not all physical injuries are apparent immediately following a car accident. Symptoms of injuries may show up gradually over time, sometimes days after the fact, KTAR News reports.

Mental and emotional injuries are part of this term as well, and can include mental anguish, loss of enjoyment of life, anxiety, humiliation, post-traumatic stress disorder (PTSD), and many more.

How Do You Calculate Pain and Suffering?

While damages for medical expenses or lost wages may be easier to determine, it can be tricky to price out what pain and suffering is worth. Calculating a plaintiff’s pain and suffering is complicated and many different factors are involved.

One of the most obvious—and significant— is the extent of physical injuries sustained, both in terms of severity and of permanency. For example, severe head trauma will result in much higher compensation than would a broken toe. The cost of medical bills care is also a factor when calculating pain and suffering.

There are two primary ways to calculate pain and suffering. The first is to multiply the financial damages from medical bills and lost wages with a number between 1 and 5. The multiplier between 1 and 5 is determined by the severity of the injury.

The second is a per diem approach. With this method, plaintiffs’ attorneys assign a certain amount per day from the day the accident occurred to the day the plaintiff has fully recovered, combined together to make the total quantifiable amount of pain and suffering.

Some victims may receive very little for pain and suffering, while others may receive hundreds of thousands of dollars, or even more. It may depend on the state they live in, the types of injuries they suffered, and the compassion of a jury.

Some states have caps on the amount that a plaintiff is allowed to pursue for compensation for pain and suffering. In California, the highest amount that plaintiffs are allowed to pursue for non-economic damages is $250,000. This law has been in place since 1975.

However, these caps are occasionally struck down. In 2020, the Oregon Supreme Court ruled that an Oregon law capping the amount that plaintiffs in personal injury cases may sue for non-economic damages at $500,000 is unconstitutional. According to the court, this cap infringes on individuals’ rights to sue after experiencing an injury.

The case that the ruling was related to had initially granted $10.5 million in non-economic damages including pain and suffering to the plaintiff. After this award was adjusted to $500,000 per the law at that time, the Supreme Court reversed the decision and set a new legal precedent in the state.

Can You File a Car Accident Injury Lawsuit?

If you or someone you love has suffered a car accident injury and had to seek medical attention, you may be able to file a lawsuit. Of course, filing a lawsuit cannot take away injuries caused by a car accident, nor can it bring a loved one back to life, but it can at least help to alleviate the financial burden incurred by medical expenses and lost wages—as well as hold the defendant accountable.

In the aftermath of a car accident injury, dealing with the frustration and confusion of a lawsuit may seem like the last thing you want to be doing. We at Top Class Actions have taken some of the hassle out of the process for you by connecting you with an experienced car accident attorney. Consulting an attorney can help you determine if you have a viable claim, and then help you navigate the complexities of litigation and maximize the compensation available to you.

Additionally, having an experienced attorney on your side may aid you in receiving all the compensation you deserve. If you believe you have been offered a lowball amount for pain and suffering, an attorney may be able to review your case and determine whether you have been offered a fair amount.