How Pain and Suffering Is Valued in Personal Injury Settlements

## What Is Pain and Suffering in a Personal Injury Claim?

Pain and suffering refers to the physical discomfort and emotional distress a victim endures after an injury caused by someone else's negligence. Unlike medical bills, pain and suffering is a non-economic damage — it has no receipt or invoice. Yet it often represents the largest portion of a personal injury settlement award, sometimes accounting for 60–70% of the total value.

Juries in serious injury cases have awarded pain and suffering damages exceeding $500,000 when injuries dramatically diminished quality of life.

Two Methods Used to Calculate Pain and Suffering

Attorneys and insurers rely on two primary approaches to assign a dollar value to pain and suffering. The multiplier method multiplies total special damages by a number between 1.5 and 5. The per diem method assigns a daily dollar amount — often equal to the victim's daily wage — for each day they suffered.

• Keep a pain journal documenting daily limitations and emotional impact
• Have treating physicians document functional limitations in medical records
• Obtain mental health records if you experienced anxiety, depression, or PTSD

What Evidence Strengthens a Pain and Suffering Claim?

The stronger your documentation, the more credible your pain and suffering claim becomes during negotiations. Medical records showing ongoing treatment, prescriptions for pain management, and notes from therapists or psychologists all serve as powerful evidence. Photographs showing physical changes, witness statements from family members, and your own written diary entries can make the difference between a low settlement offer and a fair one.

An attorney who specializes in personal injury can present this evidence strategically to maximize your non-economic damages in any settlement negotiation.