How Pain and Suffering Is Evaluated

Pain and suffering is complex to evaluate and involves assessing how an injury affects your ability to function, your physical comfort, and aspects of your daily life. This evaluation involves looking at these burdens both now and in the future.

One of the reasons Phoenix car accident attorneys are so helpful after an accident is they have experience with the complicated process of calculating suffering.

What ‘Pain and Suffering’ Means

When it comes to compensation options for car accident victims, there are two main categories to understand: economic and non-economic (or general). Economic damages are losses with clear price tags, such as medical bills and lost wages. General damages are the less measurable consequences of an accident. Pain and suffering is in this category.

‘Pain and suffering’ refers to the physical and emotional discomfort caused by an injury. When calculating pain and suffering, lawyers, experts, and insurance companies look beyond the injury itself and try to see how the accident changed the victim’s life. This disconnect is important, as car accident claims with minor injuries can have far-reaching consequences for victims.

Some examples of pain and suffering include:

• Chronic pain
• Disrupted sleep
• Depression
• Anxiety
• Limited mobility
• Scarring or disfigurement

Pain and Suffering Evaluation Methods

Evaluating Pain and Suffering

Context is important when calculating pain and suffering, but there are two methods often used to establish a baseline.

The Per Diem Method

This approach seeks to establish a dollar amount for an average day in your life; this rate is sometimes based on income. Your lawyer accounts for every day you have suffered since the accident and for every day you will in the future. They then seek to get compensation equal to the daily rate for each of those days.

For example, if the dollar amount per day is established as $150, and your lawyer argues you have and will experience pain and suffering for six months, your compensation would be roughly $27,000.

The Multiplier Method

The multiplier method adds together all costs incurred since the accident and attempts to calculate future costs. Your lawyer will then multiply this number by a number from one and a half to five. The multiplier depends on the severity of the pain and suffering incurred.

For example, say medical expenses and lost income are estimated to cost you $100,000. If the accident left you with considerable chronic pain that could last for the rest of your life, your lawyer might multiply that estimate by three, resulting in compensation of $300,000.

Getting Representation

A frustrating aspect of the aftermath of an accident is knowing how much you are hurting and feeling like no one can do anything about it. Gage Mathers can make sure you aren’t alone. We’ll do everything possible to make sure your pain and suffering are seen, and that you get the compensation you deserve!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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