How Are Pain and Suffering Damages Calculated?

After an accident caused by someone else’s negligence, victims face more than just the costs of their medical bills and lost wages. Many different types of losses can be part of your personal injury compensation, even the pain and sleepless nights you suffered after the incident.

However, Indiana law places some limits and specific rules on how these damages are awarded.

What Are Pain and Suffering Damages?

“Pain and suffering” is a more common term for non-economic damages sought in an injury case. It can refer to either the physical and mental trauma suffered by a victim or the amount the victim is asking for beyond their out-of-pocket costs.

A judge or jury typically decides the amount of non-economic damages in personal injury cases. The jury may consider a range of factors when determining the settlement for pain and suffering, including:

The nature and extent of the injury
The duration of the pain and whether it’s permanent
Future limitations placed on the plaintiff
The impact of the injury on the plaintiff’s daily life
Testimony about the plaintiff’s condition and prognosis
The credibility of the plaintiff’s pain testimony

What Are Some Examples of Pain and Suffering?

Physical Pain

Damages can be awarded for the discomfort, pain, and bodily suffering the plaintiff has endured due to the injury. Physical suffering may include past, present, and future pain.

Permanent Disability or Disfigurement

If the injury causes permanent physical changes (such as scarring, amputation, disfigurement, or permanent disability), pain and suffering damages may be awarded to ease the long-term impact on the plaintiff’s quality of life.

Mental or Emotional Distress

Mental distress includes psychological harm such as anxiety, depression, mental anguish, humiliation, or loss of enjoyment of life due to the injury. Emotional trauma is recognized as a valid category of damage; however, emotional distress claims are both difficult to prove and hard to quantify.

Lost Enjoyment of Life

This refers to losing the ability to participate in activities and hobbies the plaintiff enjoyed before the injury. Damages may be appropriate if the injury significantly affected the plaintiff’s ability to enjoy or engage with daily life.

Bystander Distress

In some cases, a person who witnesses a traumatic event involving a loved one (such as in a car accident or medical malpractice case) may be entitled to pain and suffering for emotional distress. This typically requires the bystander to have had a close relationship with the injured party, such as a spouse, parent, or child.

How Are Pain and Suffering Damages Calculated in Indiana?

Pain and suffering are subjective and are much more difficult to quantify than economic damages. Indiana courts typically allow juries to use their discretion in awarding non-economic damages, but they usually determine pain and suffering using the following calculations:

Pain and Suffering Multiplier Method

The multiplier method is a widespread pain and suffering damages calculation. The amount of the plaintiff’s economic damages (medical bills, lost wages, and other quantifiable losses) is multiplied by a factor (the multiplier) to determine the amount of non-economic damages.

The multiplier can be any number, depending on:

The severity of the injury
Whether the injury is temporary or permanent
The extent of trauma, fear, or suffering experienced
The degree to which the victim’s life has been affected by the injury (such as an inability to work or reduced quality of life)
The likelihood of future pain and suffering

Example: A plaintiff’s economic damages totaled $50,000 (medical bills, lost wages). She suffered severe trauma, underwent several painful surgeries, and will never regain full mobility. The jury agreed on a multiplier of 4, bringing her pain and suffering damages to $200,000.

Per Diem Rates for Pain and Suffering

The per diem method calculates pain and suffering based on a daily rate for each day the victim experiences pain or emotional distress. The judge or jury assigns a dollar amount to each day the victim suffers from pain, usually starting on the date of the injury and continuing through recovery (or for the rest of the victim’s life if the injury is permanent).

The total number of days of pain and suffering is then multiplied by the per diem rate.

Like the multiplier, the per diem rate varies based on factors like the victim’s prior lifestyle, occupation, and the nature of the injury. Per diem calculations may be used together with the multiplier method or as an alternative when calculating how long the plaintiff is expected to endure pain and suffering.

Example: A plaintiff is assigned a per diem rate of $100 and a pain and suffering duration of 196 days. He is owed $19,600 in pain and suffering damages.

Pain and Suffering Lump Sum Based on Case History

Pain and suffering damages are sometimes determined based on settlement history or jury verdicts in similar cases. Attorneys often look at the compensation awarded in previous cases involving comparable injuries and circumstances to estimate a reasonable sum for pain and suffering.

This approach can have good results when there is insufficient objective evidence for other methods. In settlement negotiations, local legal precedents are often used to reach a fair and realistic outcome.

Are There Any Limitations on Pain and Suffering Damages?

While your pain and suffering may have no limits, there may be limits on how much you can collect as financial compensation for your suffering. Some types of injury cases are subject to damage caps set by state law. For example, non-economic losses are capped at $1.8 million in Indiana medical malpractice cases.

The best way to determine whether you could be owed pain and suffering damages is to speak with a personal injury attorney at Tuley Law Office. Simply fill out our online contact form to set up a free, no-obligation consultation.

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