Pain and suffering refers to the physical discomfort or emotional distress you experience because of an injury and related limitations and are often compensable if you pursue damages in a personal injury lawsuit. 

But like all aspects of a personal injury case, it’s important to know what is considered pain and suffering (and what isn’t), as well as how to calculate damages and effectively present evidence why you deserve compensation. 

What is Pain and Suffering?

The legal definition of pain and suffering includes the physical and emotional injuries suffered by a victim following an accident, both in the past and the future. 

Pain and suffering is referred to as a non-economic damage, as it compensates you for non-financial losses such as decreased enjoyment in life or overall wellbeing. On the other hand, financial or economic losses after an accident would be paying for car repairs or medical bills. That’s why pain and suffering is separate from medical bills; they’re treated as different kinds of damages.

While every case is different, these types of injuries or conditions often qualify for pain and suffering compensation:

• Anxiety
• Back pain
• Broken bones or fractures
• Disability
• Dislocated joints
• Grief
• Loss of enjoyment of life
• Mental suffering
• Shock
• Traumatic brain injury (TBI)
• Post traumatic stress disorder (PTSD)
• Psychological trauma

This list is not all-inclusive, but it is a starting point for the damages you can seek compensation for as part of a pain and suffering claim. The key is keeping track of your medical treatment and day-to-day wellbeing, and any limitations you now experience so you can effectively present your case in court.

Loss of Consortium

If someone is severely injured, their spouse may pursue a specific pain and suffering claim known as loss of consortium. Essentially, the non-injured spouse can receive compensation for the grief and mental anguish of losing their loved one. Examples of this include loss of:

• Comfort and companionship
• Household help 
• Intimacy or sexual relations
• Spousal advice, guidance, or protection

In the state of Indiana, only a legal spouse of someone injured or killed in an accident can file for loss of consortium.

How Is Pain and Suffering Calculated? 

While financial claims such as medical bills are fairly straightforward, the calculation of pain and suffering damages can be more difficult. In the state of Indiana, there is no formal method a jury must use to calculate pain and suffering. However, there are two common methods of calculating pain and suffering used by attorneys and insurance adjusters: the multiplier method, and the per diem method. 

Multiplier Method

The multiplier method is pretty straightforward: you add up the entirety of your economical damages such as medical bills, and multiply them by a number that represents the severity of your injuries. 

Per Diem Method

While many insurance adjusters will think in terms of a multiplier, another method a plaintiff can use is the per diem method. This method awards you a fixed dollar amount per unit of time (usually one day) multiplied by a set time range. The range is usually the number of days between your injury and your full recovery, but it can also be your remaining life expectancy or the number of days you expect to be out of work. This can sometimes help a jury better understand what the daily impact of an injury is and then multiply it by the time period you have suffered. 

However, since there is no formal method to calculate pain and suffering, an attorney could simply present a number to the jury as what is enough to compensate a plaintiff without showing any form of math or formal method. 

Pursuing a Pain and Suffering Settlement

If you’re suffering because of someone else’s wrongdoing, filing a personal injury claim is the first step in seeking a pain and suffering settlement. 

In most cases, the insurance company of the party at fault will pay the settlement you receive. The amount awarded varies widely, and all comes down to the injuries you’ve sustained and how it has impacted you and your life.  

How To Prove Pain and Suffering in Court

While medical bills are easy to present to a jury, proving pain and suffering can be harder. There is no invoice you can provide to prove the amount of anguish your injuries have caused. 

What you can do is thoroughly document your experience with the help of medical professionals. This can include your medical records and insurance bills, but also:

• Seeing a therapist to discuss any mental health issues you’re facing.
• Keeping a daily journal as evidence of your emotional state.
• Being open with close family and friends about any changes in your overall wellbeing. 
• Discussing your injuries with your boss or supervisor and how it may affect your productivity. 

Anyone who can testify to your day-to-day demeanor or physical abilities before and after your injury can help prove to a jury that you deserve damages for pain and suffering. 

How a Pain and Suffering Lawyer Can Help

Like most personal injury cases, you are not required to seek legal assistance when pursuing compensation for pain and suffering. However, navigating the legal system while recovering from an injury can cause emotional pain and suffering on top of what you’re already experiencing.

By hiring a lawyer familiar with pain and suffering cases, they can help you:

• Gather evidence and witness testimony
• Keep track of medical expenses
• Calculate the settlement amount
• Negotiate with insurance companies
• Arrange for experts to testify at your trial

Not to mention, they can take the burden of proving your case off your shoulders, so you can focus on healing and moving past your injury. 

For over 70 years, BB&C has been a leading advocate for injured individuals in Indiana. Our team of professionals has extensive experience in handling personal injury cases of all types. We are dedicated to providing our clients with the highest quality legal representation.

We understand that a personal injury can have a significant impact on your life, including physically and mentally taxing pain and suffering. If you have been injured because of someone else’s negligence, contact BB&C today for a free consultation with a personal injury lawyer. We are here to help you get back on your feet.

Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.