How Your Lawyer Will Calculate Pain and Suffering For Your Personal Injury Settlement

After an accident, calculating your economic damages like medical bills and lost wages is relatively straightforward. However, determining an appropriate amount for pain and suffering—the physical discomfort and emotional distress resulting from your injuries—is considerably more challenging since these damages don’t come with receipts or invoices.

We at Dismuke Law understand that pain and suffering often represents the most significant portion of many personal injury settlements. Our experienced attorneys use several proven methods to calculate and justify these non-economic damages to insurance companies and courts throughout Florida.

The Multiplier Method

One common approach to calculating pain and suffering involves applying a multiplier to your economic damages. This method works by:

• Adding up all special damages (medical expenses, lost wages, etc.)
• Assigning a multiplier between 1.5 and 5 based on injury severity
• Multiplying your economic damages by this number
• Adjusting based on case-specific factors

For example, if you have $20,000 in medical bills and lost wages, and your injuries are moderate but resulted in several months of recovery, your attorney might use a multiplier of 2.5. This calculation would value your pain and suffering at $50,000, making your total claim worth $70,000.

The specific multiplier used depends on several factors, including the severity of your injuries, recovery time, permanence of any impairment, and impact on your daily activities. More severe, long-lasting injuries typically warrant higher multipliers, while minor injuries with complete recovery receive lower ones.

The Per Diem Approach

Another method for calculating pain and suffering assigns a daily rate for your discomfort and multiplies it by the number of days you experience pain. This approach:

• Establishes a reasonable daily rate for your suffering
• Counts the days from injury until maximum medical improvement
• Multiplies these figures to determine total pain and suffering damages
• Considers projected future pain for permanent injuries

Your attorney might use your daily earnings as a starting point for the per diem rate, arguing that enduring pain is at least as difficult as going to work. For long-term or permanent injuries, your lawyer may calculate future pain and suffering based on your life expectancy and anticipated limitations.

This method often works well for cases with clearly defined recovery periods but requires adjustment for injuries with varying pain levels over time or permanent impairments.

Detailed Documentation of Your Experience

Beyond mathematical formulas, compelling evidence about your specific experience significantly impacts pain and suffering calculations. Your attorney will help you document:

• Daily pain journals describing your discomfort levels and limitations
• Before-and-after narratives highlighting lifestyle changes
• Testimony from family members about observed changes in capabilities
• Photographic or video evidence of your recovery journey
• Psychological evaluations for emotional trauma
• Specific activities you can no longer enjoy or must modify

The more thoroughly you document how your injuries affect your daily life, the stronger your claim for substantial pain and suffering damages becomes. Insurance adjusters and juries respond to concrete examples that help them understand your personal experience rather than abstract numbers.

Precedent and Verdict Research

Experienced personal injury attorneys research similar cases to determine appropriate pain and suffering values. This research includes:

• Prior settlements and verdicts for comparable injuries in your jurisdiction
• Trends in jury awards for specific injury types
• Local attitudes toward personal injury claims
• Particular insurance company settlement histories
• Judicial tendencies in your venue

This data helps establish reasonable settlement ranges and identify factors that may increase or decrease your specific claim’s value. While every case is unique, this historical perspective provides an important context for negotiations.

Factors That Influence Pain and Suffering Calculations

Several key factors influence how your lawyer will calculate and negotiate pain and suffering damages:

• Injury visibility and jury impact (broken bones versus soft tissue injuries)
• Pre-existing conditions and their relationship to current injuries
• Age and prior health status affecting recovery
• Impact on key life events or special occasions
• Credibility as a witness and consistency in describing symptoms
• Quality and consistency of medical treatment
• Gaps in treatment or failure to follow medical advice

Your attorney will work with you to address potential weaknesses in your claim while emphasizing factors that justify higher pain and suffering valuations. This strategic approach maximizes your potential recovery while preparing realistic expectations about settlement ranges.

How We Can Help Maximize Your Pain and Suffering Compensation

At Dismuke Law, we understand that calculating pain and suffering damages requires both technical expertise and personalized attention to your unique circumstances. Our experienced attorneys know how to effectively document, calculate, and present compelling pain and suffering claims to insurance companies and juries.

If you’ve been injured due to someone else’s negligence in Florida, let us help you secure the full compensation you deserve, including fair payment for your pain and suffering. Contact Dismuke Law today for skilled representation from attorneys with a proven track record of successful personal injury settlements and verdicts. Call us at (863) 250-5050 or fill out our contact form to schedule a free consultation about your case.