What Pain and Suffering Means and How It’s Calculated
Most people understand that medical bills and lost wages can be part of an injury claim. But other components may be less clear, such as losses connected to pain and suffering.
Knowing what pain and suffering means (and how it’s calculated) can help you better understand the value of your case. You may be entitled to compensation for emotional distress. With skilled guidance from a Port St. Lucie Personal Injury Lawyer, you can pursue the full recovery you deserve.
Discomfort and Distress
The term pain and suffering refers to the physical discomfort and emotional distress caused by an injury. It goes beyond hospital bills or the price of physical therapy. Instead, it covers the toll that injuries take on your daily life and well-being. Examples include:
- Chronic pain from broken bones, back injuries, or nerve damage.
- Emotional struggles such as depression, anxiety, or post-traumatic stress disorder (PTSD).
- Sleep disturbances caused by pain or emotional trauma.
- The loss of enjoyment of activities you once loved.
- Scarring or disfigurement that affects your self-esteem.
Because these damages are not tied to a receipt or bill, they are considered non-economic damages under Florida law. Unlike medical expenses, there is no fixed price for pain and suffering. Instead, courts, insurance companies, and attorneys rely on several methods to estimate a fair amount.
One common approach is multiplying your actual economic damages (such as medical bills and lost wages) by a number between 1.5 and 5. The more severe and lasting the injury, the higher the multiplier. For example, if your medical expenses and lost wages totaled $50,000 and a multiplier of 3 was used, pain and suffering could amount to $150,000.
Another method assigns a daily dollar amount to your pain and suffering, then multiplies it by the number of days you’ve experienced the effects of your injury. So, $200 per day over 180 days of recovery equals $36,000.
Judges, juries, and insurance companies also review the severity of your injury and whether you’ll require ongoing treatment. Testimony from doctors, therapists, and even friends or family about how your life has changed may support your position, too.
Protect Your Rights
Insurance companies often try to push against pain and suffering assertions because it’s harder to quantify than medical bills. They may argue that your injuries are not as severe as claimed or that emotional distress is exaggerated.
An experienced Port St. Lucie Personal Injury Lawyer can fight for compensation that isn’t limited to what shows up on a medical invoice. Your attorney can gather expert testimony, demonstrate how the injury impacts your daily life, and negotiate aggressively with insurers to ensure you’re not shortchanged.
Would you like to talk to a lawyer about the possibility of your pain being recognized? Knowledgeable legal teams understand that pain and suffering can disrupt your life. After being hurt in a Port St. Lucie, Fort Pierce, Stuart, or Vero Beach accident, the attorneys at Leifer & Ramirez are available to protect your rights. Call 561-660-9421 to schedule a confidential consultation.
