How pain and suffering is valued or quantified differs between juries, insurance companies, and even jurisdictions, and assessment can be challenging. A number of states do provide guidelines, however. There are also strategies that plaintiffs and their counsel can use to help present this part of the case to a jury.

How is Pain and Suffering Defined by Law?

Legally, the term “pain and suffering” falls under the category of general damages, or non-economic losses — in other words, damages to which no fixed dollar amount can be applied.  By way of contrast, determining the value of things such as medical expenses and loss of property, known as special damages, is a relatively straight forward process, since these values can be readily documented.  Such documentation consists of bills, receipts, invoices, etc.

On the other hand, general damages such as pain and suffering are not accompanied by such documents, so it is difficult to put a price tag on them. To complicate matters further, pain and suffering are considered two different things in the eyes of the law. Since there is virtually never paper documentation to prove the extent of pain and suffering, a great deal will depend on the spoken or written testimony of third parties, such as mental health specialists, physical therapists, and treating physicians.

What Are Examples of General Damages?

General damages can include any or all of the following:

• actual physical pain and suffering
• long-term consequences of the injury (disability and/or disfigurement)
• psychological and/or emotional distress (PTSD, anxiety)
• loss of consortium (loss of companionship of a spouse or family member)
• reduced quality of life (loss of mobility and independence)
• inability to continue in an occupation

How is Pain and Suffering Valued by a Jury?

Valuation of pain and suffering depends on a variety of factors. For example, juries in the state of Washington use the multiplier method, as do many insurers. This is a number (usually between three and seven) by which the amount of special, or actual damages is multiplied in order to arrive at a figure for pain and suffering. So, for example, if a plaintiff’s medical costs and property loss came to $10,000 and the jury decides that a factor of seven should be used, the award for pain and suffering would be $70,000.

Florida law, on the other hand, acknowledges that “there is no exact standard for measuring such damage,” and that “the amount should be fair and just in the light of the evidence.” Many states have passed “tort reform” laws that limit non-economic damages to a certain amount, such $250,000 – $500,000 or by five times the amount of actual damages.

However, some victims and their families believe that it is wrong to place limits on the amount a plaintiff can be compensated for their suffering. In Tennessee, the highest amount that a jury may award a victim for non-economic damages is $750,000.

For the families of victims who died after suffering a personal injury, this sum may feel like a small amount to receive in exchange for the life of their loved one. The family of a man who was killed in a bus crash in 2013 attempted to have this cap overturned. Speaking to 10 News, his mother said, ““You can’t quantify your child’s life on a spread sheet. We feel like that cap needs to be amended.”

Another way to calculate pain and suffering is to use a focus group – a number of people who answer questions about the issue in order to give the court an idea of what sort of value the public would place on it.

Victims of personal injuries may also wonder, how is pain and suffering valued when there are multiple victims? In cases where multiple victims have been harmed in a single incident, pain and suffering calculations may not always equally apply to every victim. Following the 2017 Las Vegas concert shooting where 59 people were killed by a long gunman and hundreds more were left wounded, an $800 million settlement was awarded to the victims.

However, the determination of how much of the settlement each survivor was entitled to was not based on an equal split, but was instead based on a calculation of the extent of their wounds, their emotional distress, and how much they would have been expected to earn over their lifetime. Some of the victims covered by the settlement had not been physically wounded, but could still receive compensation for distress caused by PTSD and other psychological damages.

How Can I Maximize a Pain and Suffering Award?

In building the strongest case possible to ask the court for pain and suffering damages, it will be important to be able to explain the type of injury you suffered. Whether the pain and suffering is immediate or more protracted, a range of documentation demonstrating how the injury may have affected your life will be key to showing a court that you experienced pain and suffering.

The South Florida Reporter digs into the type of emotional injury that may be considered pain and suffering. These emotional wounds may come along with, or be independent from a physical injury and other types of pain and suffering. They can included anger, depression, anxiety, fear, and humiliation. Understanding what kinds of pain and suffering are valued can help you maximize a pain and suffering award.

According to the news source, these elements may affect a person right after they experience a traumatic event, or may take a while to manifest. For example, immediate trauma may result from a physical injury, and more long-term emotional effects may occur if you are no longer able to participate in your favorite activities after an injury.

Generally, juries render favorable verdicts to plaintiffs with whom they sympathize. For this reason, it is a good idea to allow your attorney and others testifying on your behalf to make the case for you, since people often tend to look down on someone who is perceived to be a complainer.

Though some emotional pain and suffering may take a long time to manifest, it is important to keep in mind that time is of the essence. You will need to file your lawsuit within the statute of limitations to be eligible for compensation. The statute of limitations that applies in your case may depend on what state you are in, as well as the type of injuries you sustained.

Some states require lawsuits making a pain and suffering claim to also demonstrate physical injury. However, in some instances, emotional pain and suffering can stand alone. This means that when asking “how is pain and suffering valued,” unfortunately in some instances, it may need to be accompanied by an actual physical injury to be valued. However, this is not always the case. The South Florida Reporter provides the example that a person could experience pain and suffering if their confidential information was revealed to a third party.

Whether pain and suffering is valued independent of a physical injury or not, good documentation and having others support your case will be essential to a successful lawsuit.