If you’ve been injured in an accident or through the intentional or negligent actions of another party, you might wonder what is included in pain and suffering damages. Pain and suffering awards include compensation for both physical and mental or emotional issues brought on by the accident.

No two circumstances are exactly alike, and every factor in your individual case makes a difference in how such damages are calculated.

How Severe Were Your Injuries?

If you suffered a sprained ankle, your injuries will be considered less severe than if you incurred a concussion and multiple broken bones. Your award for pain and suffering will most likely reflect the severity and longevity of the impact the accident had on you at the time, in the short term, and in the long term.

What Is the Difference Between Intentional, Negligent and Strict Liability?

Intentional means that harm was inflicted on purpose. Negligent means the harm could have been prevented if proper steps had been taken.

Strict liability applies in cases where the defendant can be deemed responsible without the need for any determination of fault. With some variation from state to state, strict liability applies in certain specific cases, such as when an animal bite has occurred or manufacturing defects have been determined.

How Is Liability Determined?

Lawyers present evidence to the judge and jury, who are then tasked with deciding what “reasonable” person would have done in the circumstances faced by the defendant.

In the event the plaintiff was hit by a car while walking in a crosswalk while the walk signal was lit, and the defendant drove over the allotted line for vehicles to stop to allow safe passage of pedestrians, the judge or jury will probably find the defendant was negligent and therefore liable. A “reasonable” person would stop at the line to allow all pedestrians to safely cross.

How Does a Jury Determine the Extent of Pain and Suffering?

Pain and suffering are considered non-economic damages. Determining economic damages, such as medical bills and loss of wages and earning capacity are easily measured; putting a specific dollar amount on these is a fairly simple and straight-forward process.

Determining what should be included in pain and suffering is more subjective, and therefore more difficult. However, state laws often provide juries with certain guidelines, which vary from one jurisdiction to another.

Sometimes, these guidelines can be a bit vague. For example, Florida Standard Instruction 5012 says, “There is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence.”

On the other hand, juries in the state of Washington use a “multiplier” in order to assign a dollar amount to pain and suffering. Generally, this is between three and seven. For example, if a plaintiff’s medical costs were $10,000 and the jury determines that a factor of seven should be used, the award for pain and suffering would be $70,000.

Regardless of how the value is determined, the judge and the jury must agree on how pain and suffering damages are calculated in a way that is understandable to all parties concerned. It should also be noted that due to tort reform laws, many states place limits on the amount that can be awarded for pain and suffering; for example, some states cap such awards to three times the amount of economic damages, while others limit them to a specific amount (generally between $250,000 and $875,000).

What Damages Are Included In Pain and Suffering?

The term includes physical pain and emotional or mental injuries. If you suffer from insomnia, grief, fear, worry or loss of enjoyment of life, you could be eligible for compensation for those issues if they were a result of the personal injury you incurred.

Chronic pain, permanent disability, or disfigurement such as scarring or amputation may also qualify you to pursue damages for pain and suffering. If you have lost your career due to your injuries, this may also qualify you. Suffering from embarrassment or humiliation, sexual dysfunction, or PTSD related to your injuries may also be included in pain and suffering.

Pain and suffering damages are often meant to cover the damage that has already been caused to the victim, as well as future anguish or injuries stemming from the incident.

If you need someone to drive you to doctor’s appointments or to hire someone to do chores around the house that you used to do yourself, you could ask for monetary compensation for the inconvenience, which would be included as pain and suffering damages.

How Is The Amount Awarded for Pain and Suffering Calculated?

Whether it’s an insurance company or a court jury making the determination, there are no hard and fast rules for determining the amount of money included in pain and suffering.

In some instances, insurance companies run computer software to upload the particular facts of a case that allow the software to suggest what is deemed a fair and reasonable offer.

In a court situation, many attorneys make an offer between one and five times the plaintiff’s actual damages. Actual damages include the amount of money the plaintiff has had to pay for medical treatment combined with the plaintiff’s lost wages. The more severe the injuries, the higher the multiple to award damages.

A plaintiff who incurred a broken wrist and lost one week of pay may be offered only two times the damages incurred; a plaintiff who suffered a concussion and broken ribs and missed six weeks of work may be offered five times the actual damages.

How Do I Prove My Pain and Suffering Allegations?

Having objective evidence may be helpful in proving your case. While testimony from yourself or your caretakers may also be useful in describing your condition, objective medical test results may be necessary in order to prove that you are in mental or physical pain. Submitting an accurate and detailed medical history may make a pain and suffering lawsuit more successful.

After an accident, you begin collecting items of evidence without even realizing it. Doctor’s notes, x-rays, CT scans, MRIs and photographs all can be used in a court of law to prove your painful condition exists.

The mental and emotional suffering is documented if you have sought treatment from a therapist for depression, anxiety, post-traumatic stress, insomnia or other defined mental health injury.

Even your own efforts to keep a daily journal of your thoughts, feelings, struggles and pain levels may be used to substantiate your pain and suffering claim.

Unfortunately, while many victims of pain and suffering have been granted massive awards for their injuries, judges frequently reduce these damages. In one case where two victims were awarded $2B after claiming that the weedkiller Roundup resulted in their development of cancer, a judge later reduced this award to a little under $90 million.

In addition to hiring an experienced attorney to represent you, having as much evidence as possible to support your claims may make it more likely for you to win your case and receive appropriate compensation for your suffering. As there is no exact formula for determining damages for pain and suffering, speaking with an experienced attorney about your legal rights may give you an idea of how much you could qualify to receive.