How is Compensation for Pain and Suffering Calculated?

After a car accident, some of your losses are easy to calculate. You can add up the medical bills from St. Joseph Medical Center, the invoices from the auto body shop, and the lost paychecks from your time off work. These are concrete numbers. But what about the other, more personal costs?

What is the value of the chronic back pain that makes it hard to sleep? What is the price of the anxiety you now feel every time you get behind the wheel? How do you quantify the frustration of not being able to pick up your child or enjoy your weekend hobbies? This is the domain of “pain and suffering.”

In the legal world, “pain and suffering” is a formal category of damages designed to compensate you for the physical discomfort and emotional distress you endure because of an accident. But because there’s no receipt for misery, calculating it is a complex and subjective process. While there’s no magic formula, insurance companies and lawyers use established methods to arrive at a monetary value for this very human cost.

Useful Information for You: In a Nutshell

• It’s a Real, Compensable Damage: “Pain and suffering” is a legitimate part of your claim, covering both physical pain and emotional distress (like anxiety or PTSD).
• No Single Formula Exists: There is no simple calculator. The value is subjective and based on the unique facts of your case.
• Two Common Methods are Used: Insurers and lawyers often use the “Multiplier Method” (multiplying economic damages by a number, 1.5-5) or the “Per Diem Method” (assigning a daily rate of suffering) as a starting point.
  
   
• Evidence is Crucial: The value is proven through medical records, photos, personal journals, and testimony from you, your family, and your doctors.
  
   
• Severity is Key: The more severe, long-lasting, and life-altering your injuries are, the higher the value of your pain and suffering damages.
  
   

Defining “Pain and Suffering”

First, it’s important to understand that this term covers two distinct types of harm:

1. Physical Pain and Suffering: This is the actual physical pain from your injuries—past, present, and future. It includes the pain of the initial impact, the discomfort of treatment and rehabilitation, and any chronic pain that may last for years or a lifetime.
2. Mental Pain and Suffering: This encompasses the emotional and psychological toll of the accident. It can include things like fear, anxiety, depression, insomnia, shock, and post-traumatic stress disorder (PTSD).
   
    

The Common Methods of Calculation

While a jury in Washington State is simply instructed to award an amount that is “just, fair, and adequate,” insurance adjusters and attorneys need a place to start their negotiations. They often use one of two methods.

1. The Multiplier Method This is the most common approach. The process involves three steps:

• Step 1: Add up all of your actual, calculated economic damages (medical bills, lost wages, etc.).
  
   
• Step 2: Rate the severity of your injury on a scale, typically from 1.5 to 5. A minor whiplash that resolves in a month might be a 1.5, while a permanent injury requiring surgery could be a 4 or 5. This multiplier is the most contentious part of the negotiation.
• Step 3: Multiply your total economic damages by the chosen multiplier.

Example: If you had $10,000 in medical bills and lost wages, and your injury was moderately serious (a multiplier of 3), the starting point for your pain and suffering damages would be $30,000. Your total settlement starting point would be $40,000 ($10,000 + $30,000).

2. The “Per Diem” (Per Day) Method This method is sometimes used for injuries that have a clear recovery timeline. It involves assigning a daily dollar amount to your suffering and multiplying that by the number of days you were in pain. The daily rate is often tied to your daily wage, based on the argument that living with the pain of an injury is at least as difficult as going to work every day.

Example: If you earned $200 per day at your job and you were in significant pain for 180 days, the calculation for pain and suffering would be $36,000 (200 x 180).

What Evidence Proves Pain and Suffering?

You can’t just state that you were in pain; you have to prove it. The value of your claim is built on strong documentation.

• Medical Records: Your doctor’s notes detailing your pain levels, treatment, and prognosis are critical.
  
   
• Photos and Videos: Images of your injuries and videos showing your difficulty with daily tasks can be powerful.
• A Personal Journal: Keep a daily journal detailing your pain levels, your emotional state, sleepless nights, and the activities you can no longer do. This provides a compelling human narrative.
• Testimony: Statements from friends and family describing how the accident has impacted your life.

Calculating and successfully arguing for fair compensation for pain and suffering is the most complex part of any personal injury claim. It is where an experienced attorney can make the most significant difference. They understand how to gather the right evidence and frame the narrative of your suffering in a way that insurance companies must take seriously.

If you’ve been injured in an accident in the Tacoma area and are facing an insurance company that is downplaying your pain, search the Car Accident Lawyer Directory Tacoma. Compare profiles and read real client reviews to find a trusted professional who can fight for the full value of your claim.

References

• Washington State Pattern Jury Instructions (WPI 30.01.01): These are the official instructions given to a jury, which state they should award a sum for “pain and suffering” that is “fair and reasonable.” https://www.courts.wa.gov/superiori/pattern_jury_instructions/WPI%2030.01.01%20Measure%20of%20Economic%20and%20Noneconomic%20Damages%20-%20Personal%20Injury%20-%20Adult.pdf
• NOLO – “How is ‘Pain and Suffering’ Calculated in a Personal Injury Case?”: A reputable legal resource that explains the multiplier and per diem methods in detail for consumers. https://www.nolo.com/legal-encyclopedia/how-is-pain-and-suffering-calculated-in-a-personal-injury-case.html