When you’ve been injured due to someone else’s negligence, the impact extends far beyond the immediate medical bills and lost wages. The physical pain and emotional trauma can persist long after the initial injury, affecting every aspect of your daily life.

Collectively referred to as pain and suffering, these invisible wounds are a critical component of personal injury claims, deserving of recognition and worthy of compensation. In this article, we’ll explore the legal concept of pain and suffering, how it’s assessed in the eyes of personal injury law, and what you can anticipate when seeking compensation for these types of damages.

Table of Contents

What is Pain and Suffering?

Pain and suffering encompass both the physical and emotional toll of an injury. Physical pain includes the immediate bodily discomfort from injuries, as well as chronic conditions that may develop over time. Emotional distress, on the other hand, refers to the anxiety, depression, and post-traumatic stress disorder (PTSD) that can emerge following a traumatic incident.

A couple of examples:

A car accident victim might experience chronic back pain and develop severe anxiety about driving or riding in vehicles.
Someone who suffers a workplace injury might find themselves unable to enjoy formerly beloved hobbies or struggle with depression due to their physical limitations.

These psychological impacts are just as real and devastating as physical injuries, even though they are less visible.

Difference Between Economic & Non-Economic Damages

In personal injury cases, damages fall into two distinct categories: economic and non-economic.

Economic damages are straightforward to calculate because they have clear monetary values. These include:

Medical expenses and ongoing treatment costs
Lost wages and reduced earning capacity
Property damage
Rehabilitation expenses

Non-economic damages, which include pain and suffering, are more challenging to quantify because they don’t come with printed receipts or invoices. These damages compensate for:

Physical pain and discomfort
Emotional distress and mental anguish
Loss of enjoyment of life
Disfigurement or permanent disability
Loss of consortium or companionship

While economic damages can be calculated by adding up bills and receipts, noneconomic damages require a more nuanced evaluation that considers the full impact of the injury on a person’s quality of life.

Common Causes of Pain and Suffering

Various types of accidents can lead to pain and suffering, including:

Car accidents often result in severe physical injuries like whiplash, broken bones, and traumatic brain injuries. Beyond the immediate physical trauma, victims frequently develop PTSD, making it difficult to return to driving or riding in vehicles.
Slip and fall accidents might seem straightforward, but they can lead to chronic pain conditions and nerve damage that persist for years. Victims may develop ongoing back problems or mobility issues that affect their ability to work or enjoy daily activities.
Medical malpractice cases can be particularly devastating, often resulting in permanent disabilities or disfigurement. The emotional impact can be severe, as victims must cope with both the physical consequences and the betrayal of trust in the healthcare system.
Defective products can cause severe injuries like burns or lacerations, leading to permanent scarring. These visible reminders of the incident can cause lasting emotional distress and impact a person’s self-image and confidence.

How Pain and Suffering is Calculated

Insurance companies and courts use several methods to calculate pain and suffering damages. While no formula can perfectly capture the full impact of an injury on someone’s life, these approaches provide a framework for fair compensation.

Multiplier Method

The most common approach multiplies your economic damages (medical bills, lost wages) by a factor between 1.5 and 5, depending on injury severity. For example, if you have $50,000 in medical bills and lost wages and your injuries are moderately severe, warranting a multiplier of 3, your pain and suffering compensation would be $150,000 ($50,000 × 3).

The multiplier selected depends on several factors:

Severity and permanence of injuries
Length of recovery time
Impact on daily activities
Quality of medical documentation
Strength of liability evidence

Per Diem Method

This approach assigns a daily rate to your pain and suffering, often based on your daily earnings, and multiplies it by the number of days until maximum medical improvement. For instance, if you experience significant pain for 200 days and your daily rate is $200, your pain and suffering compensation would be $40,000 ($200 × 200 days).

When Neither Method Works

Some cases don’t fit neatly into either calculation method — particularly those involving permanent injuries like amputation, disfigurement, or chronic pain conditions. These cases require a detailed analysis of the long-term impact on your life and often result in higher compensation.

Factors That Influence Pain and Suffering Compensation

Several key factors affect the value of pain and suffering damages:

Medical Considerations

Severity and permanence of injuries
Length and intensity of medical treatment
Need for ongoing care or future surgeries
Presence of permanent scarring or disfigurement

Life Impact

Ability to perform daily activities
Impact on employment and career prospects
Effects on personal relationships and family life
Loss of ability to enjoy hobbies or recreational activities

Psychological Effects

Development of anxiety, depression, or PTSD
Need for psychological counseling
Impact on sleep and overall mental health
Changes in personality or behavior

How to Prove Pain and Suffering in Court

Building a case for pain and suffering requires strong evidence and credible testimony, including:

Medical Evidence

Detailed medical records and treatment notes
Diagnostic imaging (X-rays, MRIs, CT scans)
Photographs of visible injuries
Documentation of prescribed medications

Expert Testimony

Medical professionals who can explain and quantify injury severity
Mental health experts who can discuss the psychological impact
Life care planners who can project future needs
Occupational experts who can address work limitations

Personal Documentation

Daily pain journals recording symptoms and limitations
Before-and-after photos showing lifestyle changes
Videos demonstrating impact on daily activities
Social media posts documenting life changes

Witness Statements

Family members who can describe observed changes
Friends who can testify about activity limitations
Coworkers who can note workplace impacts
Healthcare providers who can discuss observed suffering

Legal Challenges & Insurance Company Tactics

Insurance companies often employ various strategies to minimize victims’ compensation and maximize their profits.

Common insurance company tactics include:

Rushing settlement offers before full injury assessment
Questioning the severity of injuries
Suggesting the presence of pre-existing conditions
Delaying claim processing to pressure settlement
Consulting biased medical examiners

Protect your claim’s value with the following checklist:

Avoid giving recorded statements without legal counsel
Document all communication with insurance companies
Don’t accept early settlement offers without legal review
Maintain detailed records of all medical treatment
Follow all medical advice and treatment plans

Assumption of Risk & Comparative Negligence in Pain and Suffering Claims

Understanding how legal defenses affect your compensation is crucial in personal injury cases. Two important concepts that may impact your claim are the assumption of risk and comparative negligence.

Assumption of Risk

This legal defense argues that a plaintiff knowingly accepts the possibility of injury when engaging in an activity. For example, a skier assumes certain risks inherent to the sport. However, this defense requires the defendant to prove that:

The plaintiff had actual knowledge of the specific risks
The plaintiff voluntarily accepted these risks
The injury resulted from those known risks, not from additional negligence

Comparative Negligence in Nevada

Nevada follows a modified comparative negligence rule, which can affect your compensation if you’re partially at fault for your injuries. Key points include:

You can still recover damages if you’re less than 50% responsible
Your compensation will be reduced by your percentage of fault
If you’re 50% or more at fault, you cannot recover damages

For instance, if you’re awarded $100,000 but found to be 30% at fault, your compensation would be reduced to $70,000. To minimize assigned fault, it is crucial to have strong legal representation on your side.

Average Settlement Amounts for Pain and Suffering

While every case is unique, understanding typical settlement ranges can help set realistic expectations when filing a personal injury claim. Settlement amounts vary between $5,000-$25,000 for minor injuries, $25,000-$75,000 for moderate injuries, and $75,000+ for severe or permanent injuries.

Factors affecting settlement values include:

Severity and permanence of injuries
Quality of medical documentation
Strength of liability evidence
Impact on quality of life
Jurisdiction and venue
Quality of legal representation

How a Personal Injury Lawyer Can Help Maximize Compensation

It’s important to note that the settlement ranges outlined above are general guidelines. Your specific case may result in higher or lower compensation, depending on its unique circumstances. An experienced personal injury lawyer can provide a more accurate evaluation of your case’s potential value.

Additionally, having an experienced personal injury attorney levels the playing field against large insurance companies that rely on teams of lawyers to protect their interests. Personal injury lawyers help ensure you receive the full compensation you deserve for your pain and suffering with a comprehensive approach to justice:

Case Development

Conduct thorough accident investigations
Gather and preserve crucial evidence
Interview witnesses
Work with experts
Build a compelling narrative of your suffering

Documentation and Valuation

Collect comprehensive medical records
Document all economic losses
Calculate future medical needs
Assess long-term impact on earning capacity
Properly quantify non-economic damages

Negotiation and Representation

Handling all insurance company communications
Protect you from common insurance tactics
Negotiate for maximum settlement value
Prepare your case for trial if necessary
Represent your interests in court

Client Support

Free initial consultations
Regular case updates with transparent communication
Guidance through medical treatment
Help with insurance paperwork
Contingency fee representation (no upfront costs)

Protect Your Rights and Get the Compensation You Deserve

If you’ve been injured by someone else’s negligence, you may be entitled to more than just compensation for your property damage and medical expenses. Pain and suffering serve as a powerful tool in our legal system to provide victims with holistic compensation.

At Naqvi Injury Law, we understand the complex criteria for pursuing non-economic damages and have a proven track record of successfully advocating for our clients’ pain and suffering. Our experienced personal injury attorneys will carefully evaluate your case to determine whether these types of damages are appropriate and develop a strong legal strategy to pursue them.

Contact Naqvi Injury Law for a free consultation to discuss your case and learn how we can help you secure the compensation you deserve for your pain and suffering.