At Tabak Law, we understand that every case involves a real person facing difficult circumstances. Accidents not only cause physical harm, but they can also lead to financial difficulties, emotional distress, and stress for the entire family. 

Calculating medical bills and lost wages may seem straightforward, but putting a monetary value on pain and suffering is the most challenging aspect of a personal injury claim. Understanding how these calculations work is crucial to ensuring that you receive full and fair compensation.

What Exactly Is “Pain and Suffering”?

In legal terms, “pain and suffering” refers to a category of damages known as non-economic damages, which are intended to compensate a person for intangible and non-financial losses they experience as a result of their injury. This general concept can be broken down into two main categories:

• Physical Pain and Suffering: This refers to the physical pain you experience from your injuries, as well as any discomfort or limitations that you may face in the future due to these injuries. It includes both the initial pain from the impact and the discomfort of the recovery process, as well as any chronic pain or permanent disabilities that may affect your quality of life.
• Mental and Emotional Distress: This refers to the psychological effects of an accident and your injuries. Some common forms of mental anguish and suffering include depression, anxiety, post-traumatic stress disorder (PTSD), loss of enjoyment in life, insomnia, and fear.

These damages differ from “economic damages” such as medical expenses and lost income which have a clear monetary value.

The Methods Used to Calculate the Value

Since there is no specific invoice for anxiety or a price list for emotional distress, insurance companies and lawyers use different methods to determine the value of pain and suffering. Two common methods are the Multiplier Method and the Per Diem Method.

1. The Multiplier Method

This is the most common approach. It involves calculating all your economic losses (medical bills, lost wages, etc.) and then multiplying that amount by a number between 1.5 and 5, depending on the severity and permanence of your injury.

• Multiplier of 1.5-3: For less severe, temporary injuries with a full recovery expected (e.g., minor soft tissue damage).
• Multiplier of 3-5: For more severe, permanent or disabling injuries that significantly impact your life (e.g., broken bones, spinal cord injuries, traumatic brain injuries).

For example, if your economic losses total $50,000 and your injuries are considered serious but not permanent (with a multiplier of 3), the calculation of your pain and suffering would be $150,000.

2. The Per Diem Method

“Per diem” is a Latin term that means “per day”. This method assigns a monetary value to the pain and suffering you experience each day, starting from the day of the accident and continuing until you reach full medical recovery. The daily amount is often based on your actual daily income. While this approach can be helpful for temporary injuries, it may not be as effective for long-term or permanent conditions that last indefinitely.

What Evidence Is Used to Prove Your Pain and Suffering?

An insurance adjuster will not simply accept your word. To prove the extent of your pain and suffering, you need to provide compelling evidence, such as:

• Detailed Medical Records: Your doctor’s notes about your pain complaints, prescribed treatment, and prognosis are crucial evidence.
• Expert Witness Testimony: Doctors, therapists, and occupational experts can provide testimony about the severity of your injuries, future medical needs, and the impact of your condition on your daily life and earning potential.
• A Personal Journal or Diary: A daily record of your pain levels, emotional state, and activities you can no longer enjoy provides a powerful personal narrative.
• Testimony from Family and Friends: Those closest to you can describe changes in your personality, mood, and abilities after the accident.
• Photographs and Videos: Visual evidence of your injuries and struggles during recovery can be very convincing.

It’s important to note that, in Wisconsin, the law follows a modified comparative fault rule (section 895.045). This means that your compensation could be reduced based on your percentage of responsibility for the accident. If you are found to be 51% or more responsible, you may not be able to recover any damages.

Speak With A Personal Injury Attorney Today!

Pain and suffering cannot be measured on a scale, but they can be understood, acknowledged, and fairly compensated for. If you have been injured as a result of someone else’s negligence, do not let an insurance adjuster determine the value of your pain and suffering. 

At Tabak Law, we believe that your dignity, peace, and future are more important than any algorithm could ever understand. For a free and no-obligation consultation, contact us today.