Brooke graduated from the University of Richmond School of Law after receiving her undergraduate degree from the University of North Carolina at Chapel Hill. Brooke worked for five years in private practice with a law firm specializing in insurance defense litigation before becoming the trial litigator for Allstate Insurance Company in the metro Richmond area.
If you’ve been hurt in an accident, you know recovery isn’t just about covering your bills—it’s about trying to reclaim your life. The physical pain, emotional stress, and everyday frustration of being injured can weigh just as heavily as your out-of-pocket costs. That part of your recovery, the part you feel but can’t easily measure, is what the law calls pain and suffering damages.
But how is pain and suffering calculated in a personal injury case?
At River Run Law, we help people across Virginia navigate this exact question. We know how insurance companies think, how juries evaluate noneconomic damages, and most importantly, how to make sure your story is fully told.
In this post, we’ll explain what counts as pain and suffering, how it’s valued, and what factors affect it.
What Are Pain and Suffering Damages?
Pain and suffering damages refer to the noneconomic impact of your injuries. That means they cover the losses you’ve experienced (and may still be experiencing) that don’t have a set dollar value.
Pain and suffering can take many forms, including:
- Physical pain. This includes immediate pain from the injury, ongoing discomfort, and chronic conditions that develop as a result.
- Emotional suffering. Accidents can affect your mental and emotional well-being. Many injury victims experience anxiety, depression, PTSD, fear, or an overall diminished sense of self and joy.
- Loss of enjoyment of life. This refers to the way injuries interfere with your ability to engage in daily activities, hobbies, or relationships.
- Impact on relationships. Injuries can strain marriages, friendships, and family dynamics. Some people feel isolated or angry, while others may face significant changes in interacting with those they love.
Unlike medical bills or lost wages, pain and suffering damages don’t leave a clear invoice or number to point to—but that doesn’t mean they aren’t real or valuable.
Factors That Influence the Value of Damages for Pain and Suffering
The law recognizes that injuries affect people in unique ways, and calculating these damages requires looking beyond the surface. Here are the key factors that influence how much compensation you may receive for pain and suffering in a Virginia personal injury case.
Severity and Type of Injury
The more serious your injuries, the more likely you are to receive a higher pain and suffering award. Broken bones, spinal injuries, traumatic brain injuries, burns, and nerve damage are considered high-impact injuries because they tend to cause more intense physical pain, longer recovery times, and lasting impairment.
Juries and insurers also consider the nature of the injury. For example, a facial injury or visible scarring may result in not only physical pain but also emotional harm related to self-image and social anxiety, which deserves full consideration.
Duration of Pain and Recovery
If your injury caused chronic pain, requires ongoing physical therapy, or continues to affect your daily life months or years later, your pain and suffering claim should reflect that extended hardship. The law allows you to seek compensation for the pain you’ve already endured and what you’re likely to experience in the future.
Medical Treatment and Invasiveness
The type of treatment you undergo is also an important indicator of suffering. Someone who needs surgery, injections, assistive devices, or prolonged rehabilitation endures more than someone with minor bruises or a sprain.
Impact on Daily Activities and Lifestyle
An injury can derail your life in big and small ways. Maybe you can no longer exercise, drive, or care for your children the way you used to. Maybe walking, sitting, or sleeping now causes constant discomfort. These lifestyle disruptions can profoundly affect your well-being, and they are often the most relatable part of a pain and suffering claim.
Emotional and Psychological Effects
Emotional distress is a common dimension of devastating injuries. It’s not uncommon for injury victims to experience:
- Depression and anxiety,
- Mood swings or irritability,
- Sleep disturbances, and
- Post-traumatic stress disorder (PTSD).
If you’ve sought help from a counselor, psychiatrist, or therapist, their notes and opinions can serve as evidence of the emotional impact of your accident.
Evidence and Credibility
Ultimately, your ability to prove your pain and suffering affects how much compensation you’re likely to receive. That’s why documentation and presentation matter. Your credibility—how clearly and honestly you can describe what you’ve been through—also plays a significant role in helping others understand the full weight of your suffering.
How Is Pain and Suffering Calculated?
Unlike economic damages, which are based on bills, pay stubs, and receipts, pain and suffering damages are subjective. At River Run Law, we know how to calculate pain and suffering damages. There’s no universal formula that courts or insurers are required to use, but three common approaches help estimate the value.
Multiplier Method
The multiplier method involves adding up all of your economic damages (such as medical bills, lost wages, and other quantifiable costs) and multiplying that amount by a number, usually between 1.5 and 5, based on the severity of your pain and suffering.
For example, if your total economic damages are $50,000 and your case involves severe, long-term pain, the multiplier might be 3 or 4, making your damages for pain and suffering $150,000 to $200,000. The more severe, visible, and long-lasting your injuries are, the higher the multiplier.
Note: 1.5 and 5 are on the lower end of the range; actual figures may vary.
Per Diem Method
The per diem (Latin for “per day”) approach assigns a specific dollar amount to each day you endure pain or limitations due to your injury. This daily amount is multiplied by the number of days it takes you to recover or reach a point of medical stability.
For example, if $200 per day is considered reasonable based on your lifestyle and condition, and you suffered for 180 days, that would result in $36,000 in pain and suffering damages.
This method is often used in cases involving clear recovery timelines but less severe injuries.
Comparative Method
The comparative method involves reviewing the outcomes of similar personal injury cases to estimate what a jury or insurance company might award for comparable pain and suffering. This approach can be helpful in negotiations or mediation, especially when the other side is undervaluing the emotional or long-term toll of your injury.
Talk to a Virginia Personal Injury Lawyer Today
Whether you’re dealing with lasting pain, emotional trauma, or significant changes to your lifestyle, you deserve to be compensated for those losses. At River Run Law, we know how to calculate pain and suffering in personal injury cases—and how to fight for every dollar you’re owed. Our dedicated legal team has helped recover millions for injured Virginians, and we’re ready to help you.
Contact us today for a free consultation. We’ll listen to your story, explain your options, and help you confidently move forward.
