If you were injured in a car accident or other personal injury incident in Philadelphia, PA, you may have the right to recover pain and suffering damages. But how are these damages valued? How do you know if a settlement offer is fair? An experienced personal injury attorney from Cousin Benny Personal Injury can answer these questions for you and help you navigate the legal process.
Economic Vs. Non-Economic Damages
First, it’s important to understand the function of pain and suffering in personal injury claims. This is a type of damages, following under the general heading of non-economic damages.
In personal injury cases, there are generally two types of damages that can be awarded: economic and non-economic damages. Economic damages represent direct financial losses caused by the accident, including medical expenses, lost wages, and property damage. These damages are intended to restore you to the position that you were in before the accident. These damages are typically easier to calculate because you can use receipts, invoices, and estimates to gauge the financial loss.
In contrast, non-economic damages are notoriously difficult to value because they are not tied directly to a monetary figure. They include losses such as pain and suffering. These are more subjective damages.
What Is Included in Pain and Suffering?
The term “pain and suffering” actually refers to a number of accident-related losses related to the physical and emotional turmoil of the accident and the subsequent impact on the victim. Pain and suffering can include:
- Physical pain: The injury victim may have the right to recover compensation for their physical pain and suffering, including discomfort related to their injuries and the medical treatment they received for them.
- Mental anguish: The victim can also seek compensation for the mental anguish they endured because of the injury and the lifestyle constraints caused by the injuries.
- Emotional distress: Personal injuries can cause psychological trauma, anxiety, depression, grief, and other negative emotional effects for which accident victims may be able to recover compensation.
- Stress: Dealing with painful injuries and accident claims can be extremely stressful and inconvenient. Accident victims can seek compensation for these aggravations.
- Embarrassment and humiliation: Accident victims also have the right to request compensation for the embarrassment and humiliation associated with their injuries.
- Scarring and disfigurement: Some personal injuries can cause permanent disfigurement or scarring that can negatively affect victims’ lives and self-image.
- Loss of enjoyment of life: Serious injuries can impede a victim’s ability to enjoy favorite pastimes, hobbies, and relationships with others. Accident victims can seek compensation for these life losses.
These losses include current damages, as well as future damages.
What Affects the Value of Pain and Suffering Damages?
When juries are determining the value of pain and suffering and other non-economic damages, they are instructed to consider the following factors to arrive at a fair and adequate amount of compensation:
- The victim’s age
- The severity of the injuries
- Whether the injuries are temporary or permanent
- How the injuries affect the victim’s ability to perform basic activities of daily living or other activities that the victim previously engaged in
- The duration and nature of medical treatment
- The duration and extent of the physical pain and mental anguish the victim experienced in the past and is likely to experience in the future
- The victim’s health and physical condition before the injuries
- The nature of any disfigurement and the consequences to the plaintiff
An experienced personal injury attorney can work diligently to emphasize the factors most relevant to your case to maximize your compensation.
Limitations on Pain and Suffering Damages
Pennsylvania law limits the potential value of pain and suffering damages in a few ways. First, the state operates under a choice no-fault system for car accidents. Under this system, claimants elect at the time they purchase car insurance whether they will be able to pursue non-economic damages against the at-fault driver. If they choose limited tort, they might not be able to recover pain and suffering damages.
Second, Pennsylvania uses a comparative fault system for accidents in which the victim is found partially at fault. In these situations, accident victims cannot recover compensation if they were 50% or more at fault for a given accident. If their degree of fault falls below this threshold, their compensation is reduced by their degree of fault.
There are also limits on damages awarded in cases involving the government.
Why Insurance Company Estimations for Pain and Suffering May Be Low
Many accident victims reasonably expect to be treated fairly after being injured in an accident that wasn’t their fault. However, they quickly learn this is often not the case when dealing with insurance companies.
This is because these are for-profit companies that are more interested in protecting their bottom line than in your financial well-being. They try to minimize payouts as much as possible to maximize profits. Therefore, you should never assume that the offer that an insurance adjuster makes for your pain and suffering is fair or adequate.
Insurance adjusters are trained to use various strategies to reduce the value of pain and suffering, such as:
- Arguing that the victim had pre-existing injuries
- Claiming that medical treatment was unnecessary or excessive
- Suggesting that medical recovery should be fast
- Minimizing the victim’s reported symptoms
- Using internal databases showing past settlements to justify a lower offer
These strategies often reflect conservative estimates of pain and suffering damages.
Methods Insurance Companies Use to Calculate Pain and Suffering Damages
Insurance companies may use various methods to calculate pain and suffering and justify lowball settlements. There is no specific method that these companies are required to use to reach a fair offer. However, some of the common methods they use are:
Multiplier Method
The multiplier method is the most commonly used calculation for pain and suffering. Under this method, certain economic damages are calculated, such as medical care and lost income. This figure is then multiplied by a variable, usually 1 to 5.
A higher variable is used in cases involving permanent disability, death, or catastrophic injury. Lower variables are used in cases involving less serious injuries.
Here is how this method would work:
Plaintiff is injured in a car accident. They suffer $20,000 in medical bills and have $5,000 in lost wages. Their multiplier variable is 2. Therefore, their pain and suffering would be $50,000 ($25,000 x 2). This compensation would be in addition to compensation for their economic damages, so the total settlement in this example would be $75,000.
Per Diem Method
Another common method to calculate pain and suffering is the per diem method. This method assigns a daily value for pain and suffering and multiplies this value by the number of days that the victim suffered. For example, if the insurance company uses a daily rate of $100 and the victim suffered for 90 days, the victim’s pain and suffering would be valued at $9,000.
Software
Many insurance companies use a proprietary software program that has insurance companies input certain values, and then the software program gives a value for pain and suffering and the entire personal injury claim. This software program may use a settlement formula that considers various information, including the likelihood of going to court and winning.
Personal injury lawyers can fight back against these arbitrary systems and use information specific to your situation to fight for fair compensation.
How Personal Injury Lawyers Maximize the Value of Pain and Suffering Damages Awards
Personal injury attorneys are skilled at preparing claims for maximum compensation. They begin the process by conducting a thorough investigation into the accident and a review of your medical records. They identify compelling evidence to use to support your claim. They know how to compile and present this information to insurance companies, judges, and juries.
They use their knowledge of personal injury law, legal precedents, and similar cases when negotiating with the insurance company. They represent your interests at these critical moments, ensuring that your specific needs are considered, rather than a random number just being applied to your case.
Key strategies that personal injury attorneys use to secure fair compensation for pain and suffering damages include the following:
- Compiling detailed records of the accident, including medical records, accident reports, witness statements, and other documentation detailing the incident and its initial impact on your life
- Working closely with your treating medical providers to understand the full extent of your injuries and their impact on your life
- Hiring expert witnesses to further support your case, including medical expert witnesses who can testify about your need for ongoing medical care and the likely effects of the accident and your injuries on your life
- Interviewing friends, family members, coworkers, and others to get a better understanding of how the accident has negatively affected your life
- Supporting your claim and demand for pain and suffering damages with relevant case law and medical evidence
- Emphasizing the factors that Pennsylvania courts consider when determining how to fairly compensate accident victims, including:
- Severity of your injuries: Emphasizing when you have suffered a serious injury, such as spinal cord injuries and traumatic brain injuries
- Permanence of your injuries: Arguing that you should be compensated for the more permanent nature of your injuries, possibly including permanent disabilities or impairments
- Long recovery periods: Arguing that you should be compensated more because you will likely take longer to reach a full recovery
- Invasive medical treatment: Arguing that you had to undergo surgeries or other types of invasive medical procedures
- Negative psychological effects: Presenting evidence about the anxiety, depression, post-traumatic stress, or sleep disturbances that you suffered after the accident
- Negative impact on life: Arguing that your injuries have negatively impacted your ability to work, care for yourself, and enjoy life
Let us put our considerable knowledge and experience to work to fight for the compensation that you deserve.
What Evidence Supports Your Pain and Suffering Damages?
You can help your lawyer prepare your pain and suffering award for maximum compensation with evidence such as:
- Medical records that detail the nature and extent of your injuries and note your complaints about pain and suffering
- Receipts for prescription medications, over-the-counter medications, and other items you purchased to help after the accident
- Photos or videos of your injuries at each stage of their development
- Statements from your doctors or medical experts explaining that your feelings of pain and distress are common for the types of injuries that you suffered
- Reports from psychologists, counselors, and other mental health professionals about the emotional distress you have suffered due to the injury
- Testimony from your employer and coworkers about how your injuries have affected your ability to work
- Statements from friends and family about how the accident has affected your social life and personal relationships
- Pain journal entries in which you record your daily struggles, pain, and other symptoms associated with your injuries
Contact an Experienced Personal Injury Lawyer for Legal Guidance
If you were injured due to someone else’s negligence, you should be fairly compensated for your pain and suffering. The experienced legal team at Cousin Benny Personal Injury is committed to recovering full and fair compensation for our injured clients, including for the pain, suffering, and reduction in their quality of life. Contact us today for a free consultation to discuss your situation.
