You can lose more than money when you get hurt in an accident in Missouri. You might feel pain every day, or you might feel sad, angry, or scared. Pain and suffering damages are a type of non-economic loss that helps cover these issues. But figuring out how much money someone should get for pain and suffering is not easy. Unlike medical bills with clear costs, pain and suffering damages are more personal.
Injury victims, lawyers, and insurance companies consider different factors to decide how much pain and suffering is worth. They might consider how bad the injury is, how long it lasts, and how it has changed a person’s life.
What Counts as Pain and Suffering?
Pain and suffering includes more than just physical pain. It also covers the emotional and mental struggles that come with an injury. Here are some examples:
- Physical Pain: ongoing pain that makes daily activities hard
- Emotional Distress: feeling anxious, depressed, or scared because of the injury
- Loss of Enjoyment: not being able to do things that used to be fun, like playing sports or going out with friends
- Loss of Relationships: difficulties spending time with family or a spouse due to injuries
Every case is different, and the amount of pain and suffering damages depends on how serious the injury is and how much it affects someone’s life.
How Is Pain and Suffering Calculated?
There is no exact formula for determining how much money someone should receive for pain and suffering. However, two common methods are used: the multiplier method and the per diem method.
The multiplier method is one way to calculate pain and suffering damages. It works like this:
- Add up the victim’s medical costs and lost wages.
- Choose a number, called a multiplier, based on how bad the injury is (this number is usually between 1.5 and 5).
- Multiply the total costs by that number.
For example, if a person has $50,000 in medical bills and lost wages and the multiplier is 3, their pain and suffering damages would be $150,000.
The per diem method assigns a daily dollar amount to pain and suffering and multiplies it by the number of days the victim is expected to feel pain. For example, if a person’s daily suffering is valued at $200 and they are expected to suffer for 180 days, their pain and suffering damages would be $36,000.
What Affects the Amount of Pain and Suffering Damages?
Different factors affect how much someone can get for pain and suffering, including:
- How Serious the Injury Is: A small cut won’t get as much money as a broken leg or a brain injury.
- How Long the Pain Lasts: If the injury takes a long time to heal or is permanent, the damages may be higher.
- Medical Treatment Needed: If a person needs surgery, therapy, or long-term care, they might get more compensation.
- Impact on Daily Life: If the injury keeps someone from working, enjoying hobbies, or being independent, the damages will likely be higher.
- State Laws: Some states limit the amount of money a person can get for pain and suffering. Missouri has no caps on general pain and suffering damages in most personal injury cases, though medical malpractice claims have specific caps set by law.
Because every case is different, it’s important to have an attorney review your specific situation to determine the right amount of compensation.
Examples of Pain and Suffering Settlements
To better understand how pain and suffering damages work, here are some real-life examples:
- Car Accident: A driver suffered neck and back injuries, causing chronic pain. The settlement included $100,000 in pain and suffering damages.
- Slip and Fall: A person broke their hip and needed months of therapy. Their pain and suffering damages were $250,000.
- Medical Malpractice: A patient suffered nerve damage after surgery. Their pain and suffering damages were $500,000.
The amount of pain and suffering damages depends on each case’s details, but these examples show how compensation can vary.
How to Prove Pain and Suffering
Since pain and suffering do not have a clear price, a victim must show proof of how the injury has affected their life. This evidence may include:
- Medical records
- Doctor’s reports
- Therapist or counselor notes
- Personal journal
- Statements from family and friends
The stronger the evidence, the better the chances of receiving fair pain and suffering damages.
Are Pain and Suffering Calculators Accurate?
Some websites offer pain and suffering calculators to estimate settlement amounts. These tools use basic formulas but often fail to consider the details that make each case unique. Personal experiences, the emotional impact of injuries, and the long-term effects on a person’s life are hard to measure with a simple calculation.
Additionally, these calculators do not consider factors such as state laws, insurance company tactics, or how well the case is presented. While they can provide a rough idea of a settlement’s worth, they should not replace legal advice. A personal injury attorney can analyze your situation and ensure you receive the compensation you deserve.
Contact Roach Law Car Accident Lawyers for Help
If you have been injured in an accident, you should not have to deal with the stress of pain and suffering on your own. At Roach Law Car Accident Lawyers in St. Louis, Missouri, we are dedicated to helping accident victims get fair compensation.
Our experienced personal injury attorneys will carefully review your case, gather strong evidence, and negotiate with insurance companies to ensure you receive a fair settlement. We understand how injuries impact your daily life and will fight for the justice you deserve.
Contact us at (636) 519-0085 for a free consultation, and let us help you on your road to recovery.
