How Much Can I Get for Pain and Suffering?

Accidents are life-changing, traumatic experiences that can leave you with more than scars and bruises. Pain and suffering is a term that describes the non-economic damages that victims face after an accident.

Do not discount or underestimate the severity of pain and suffering, which can include:

• Mental anguish. After an accident, individuals may have nightmares, suffer flashbacks, or develop PTSD.
• Depression. Some accident victims have to come to terms with a permanent disability. Life with a disability can feel lonely and isolating. Some injuries can affect physical intimacy and the ability to have biological children.
• Embarrassment. Self-esteem can diminish due to disfigurement, amputation, and permanent scars.
• Anxiety. In the days and weeks after an injury, a victim may feel on edge and unable to relax.
• Frustration. Injuries can prevent people from participating in family activities and pursuing hobbies. They feel like life is passing them by.

There is no right or wrong way to feel after an accident. You may experience all of these symptoms or only one or two of them.

If someone else’s negligence or carelessness caused your accident, you may recover compensation. This money would compensate you for your pain and suffering, as well as other damages.

What is a typical pain and suffering settlement?

If you receive a settlement, it will often cover more than pain and suffering. A settlement will also compensate you for any economic and non-economic damages you incurred.

• Economic damages are quantifiable monetary losses like medical bills, property damage, and lost income.
• Non-economic damages like pain and suffering, loss of companionship, and loss of enjoyment of life are harder to quantify. That doesn’t mean you don’t deserve compensation.

It’s normal to wonder how much a typical or average pain and suffering settlement is. But the truth is, there is no typical settlement amount. Here are two reasons why:

(1) Every experience of pain and suffering is unique

Your pain and suffering are unique to you and your:

• Age
• Lifestyle
• Immediate family and anyone else that depends on you for care
• Occupation
• Health before the accident

The same injury may affect you differently than it would someone else.

(2) Certain factors may limit your pain and suffering compensation

There are several ways to calculate pain and suffering compensation, and it’s challenging to apply the circumstances and payout of one case to another. Damage calculations are highly individual and consider factors like your income and the cost of medical care in your area.

State law may also limit how much you can receive for pain and suffering. And if your case goes to trial, the judge or jury could determine the settlement amount.

How much should I ask for in pain and suffering?

It is difficult to put a price tag on the pain and suffering you experience. For catastrophic and life-changing injuries, no amount will ever seem like enough. And, no amount of money can undo your accident or take away your distress.

A pain and suffering settlement can give you a sense of closure. This compensation also holds the responsible party accountable for their negligent actions.

There are several ways to calculate an appropriate pain and suffering settlement. Two common ways that some attorneys may use are the “multiplier method” and the “per diem” method.

The multiplier method

You add up your economic damages such as doctor bills and time off of work. Then, you multiply that amount by a certain amount to arrive at your total settlement amount, which includes pain and suffering.

The Per Diem method

When an attorney uses the per diem method, they assign a set monetary amount to each day that you experienced or will experience pain and suffering. The per diem method is typically only used when injuries produce short-term pain and suffering.

There could be more to a pain and suffering settlement amount than just using the multiplier method or per diem method. And, not every jurisdiction uses these calculations. When you meet with an attorney, they can give you a better idea of how much you could expect to receive.

Do I have to go to court to get a pain and suffering settlement or award?

The thought of going before a judge or jury is daunting for many people, especially if you haven’t been to court before. Many personal injury cases do successfully settle without a trial. It’s often in everyone’s best interest-including yours-to settle out of court.

A trial outcome is unpredictable

An attorney may be familiar with how a certain judge typically rules. However, there is no way to predict how a jury-a group of randomly selected people-will react to your case.

A jury may decide in your favor. Or, they may decide that you don’t deserve any monetary compensation at all.

Your case won’t go to trial unless you want it to

As the plaintiff (injured party), you’ll decide if court is the best route to take. Your attorney can educate you, provide guidance, and represent you, but the final decision is yours to make.

When can I sue for pain and suffering? Examples of pain and suffering cases

You may be eligible for pain and suffering compensation if another party caused your injuries due to their negligence or carelessness. Pain and suffering lawsuits often stem from:

#1. Motor vehicle crashes

Car, motorcycle, and truck accidents commonly cause pain and suffering. Broken bones, traumatic brain injuries (TBIs), lacerations, and soft tissue injuries take a financial and emotional toll. Recent statistics from the Centers for Disease Control (CDC) show that annually, over 2.5 million people receive emergency medical care after a motor vehicle accident.

#2. Pedestrian accidents

A human being is no match for any motor vehicle. A pedestrian can suffer catastrophic injuries after a car, truck, or motorcycle strikes them.

#3. Bicycle accidents

Many people enjoy the freedom and exercise of riding their bikes. However, accident injuries are similar to pedestrian accidents, with severe and life-changing injuries for the bicyclist.

#4. Slip and fall injuries

Both commercial and private property owners must keep their premises safe. Slip and fall accidents can happen due to cluttered walkways, floors and stairs in disrepair, and unattended liquid spills. According to the CDC, falls are a leading cause of TBIs.

#5. Medical malpractice

You trusted your doctor to provide competent medical care. But now you learned that:

Your condition was misdiagnosed or undiagnosed. You suffered needlessly and your condition worsened without the appropriate care. Or, you suffered adverse side effects of a medication you never should have received in the first place.

You were the victim of a surgical error. The unthinkable happened. A surgeon operated on the wrong body part, left a medical instrument inside your body, or the anesthesiologist gave you too much or too little medication.

Your doctor prescribed inappropriate medication. Your doctor didn’t do their due diligence. They ordered a new drug that you shouldn’t take with your current medication. You experienced serious side effects.

You may not know that medical malpractice occurred until after the fact. In these instances, the statute of limitations may start from the day you knew about the medical malpractice. If you suspect that a doctor’s error caused your injury, you should speak with an attorney to protect your legal rights.

Time limits to sue for pain and suffering

If you want to sue for pain and suffering, you have a limited amount of time to do so. Typically, the clock starts ticking the day of your injury.

Each state sets deadlines to file personal injury cases. In Florida, for example, § 95.11(3)(a) states that the statute of limitations for an “action founded on negligence” is four years.

However, there are cases where the statute of limitations could be different. Don’t try to interpret the law on your own. You should always contact an attorney to learn your legal rights.

Exceptions to the statute of limitations

Depending on your jurisdiction, the law may allow exceptions to the statute of limitations.

• The cause of your injuries wasn’t immediately apparent. For example, you developed a repetitive stress injury over time.
• Medical malpractice cases may have different deadlines. In Florida, the statute of limitations for medical malpractice varies. Section 95.11(4)(b) states that a medical malpractice claim must be filed “within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued…” You will need a lawyer to review your claim and determine which statute of limitations applies in your case.
• The injured party is a minor. Your state could have separate time limits or extensions for cases where the injured party was a child at the time of the accident or occurrence.
• You were incapacitated. If you were in a coma or otherwise incapacitated after your injury, you may have a longer time to take legal action.

Speak with an attorney right away so you don’t lose the ability to sue for pain and suffering.

How to establish pain and suffering after an accident

Unlike physical injuries, pain and suffering isn’t always visible. But to receive compensation, accident victims still need to establish and document their pain and suffering. Evidence of pain and suffering may include medical records, witness statements, and personal records.

#1. Medical records

Your medical records and doctors’ notes will reveal the severity and nature of your physical injuries, which are often the basis for pain and suffering. Some people also find it beneficial to seek counseling after an accident. Your therapist or counselor can attest to how your pain and suffering affects your life.

#2. Witness statements

Your family members, friends, and coworkers can attest to how your pain and suffering have changed your life. They have firsthand accounts of your mood and your new limitations.

#3. Personal records

Your records, such as a written diary or video testimony, can substantiate your pain and suffering claim. Many people find it helpful to record their mood and pain level each day.

How long does it take to receive a pain and suffering settlement?

There is no set time frame for a pain and suffering lawsuit. And, it’s often difficult at the outset to predict how long your case could take to settle. From the time an attorney files your claim until you receive compensation could be anywhere from several months to a year or more.

Several factors will affect the length of your case.

#1. How easy is it to establish negligence?

In some pain and suffering cases, responsibility is clear and straightforward. However, disputes are likely.

For more complex cases, your legal team may need to:

• Reconstruct the accident scene
• Interview witnesses
• Collect evidence

An attorney will pursue justice on your behalf.

#2. Is the insurance company acting reasonably?

If insurance companies willingly paid out adequate settlements, personal injury law firms wouldn’t be in business. However, some insurance companies will be more reasonable in negotiations than others.

The insurance company may delay your settlement if it continues to present lowball offers. Delays may also occur if the insurance company’s stance is that you are responsible for the accident even when evidence shows otherwise. At this stage, it is not unheard of to go to court.

#3. Is it in your best interest to go to trial?

Many people receive pain and suffering compensation without ever setting foot in a courtroom. But under certain circumstances, you and your attorney may decide that presenting your case in front of a judge or jury is the best route to take.

After an accident, many people need money sooner rather than later. However, remember that a settlement should compensate you for your current and future damages-that means the pain and suffering that you experience today and will experience 10, 20, and 30 years from now.

When you do accept a settlement, you often forfeit your right to file any future lawsuits. You have one chance to receive fair compensation.

Can I get a pain and suffering settlement without a lawyer?

You can attempt to pursue a pain and suffering settlement without a lawyer, but it is highly unlikely that you will receive a fair amount. Insurance companies pay most settlements-and, as for-profit businesses, they aim to pay out the least amount of money possible. You are a sitting duck for low offers and bullying without a lawyer at your side.

An experienced lawyer knows how to maximize your pain and suffering settlement. They know how insurance companies think and the tactics they use to pay you as little as possible.

How much does a pain and suffering attorney cost?

Many law firms that handle pain and suffering cases offer a free consultation or complimentary case review. This gives you a chance to ask questions about payment. Before you hire an attorney, you should fully understand how much their legal representation will cost and when payment is due. In most cases, a lawyer will take your case on contingency, so your attorney only collects a fee if they successfully secure compensation for you.