How to Calculate Pain and Suffering in a Pennsylvania Personal Injury Case

If you were hurt by someone else’s negligent actions, pain and suffering could be a significant part of your claim for compensation. But how is pain and suffering calculated in PA? These damages are subjective, and you cannot figure them out by simply adding up a dollar amount.

A personal injury lawyer with KBG Injury Law could help you determine your pain and suffering damages. This puts you in a better position when negotiating for full compensation in your case. We understand that severe injuries take a physical, mental, and emotional toll, and we can fight to ensure that the at-fault party pays fully for the harm they caused.

How to calculate pain and suffering

Pain and suffering damages seek to compensate severely injured people for the bodily harm they suffered and the ways it affects their physical, mental, and emotional well-being. You could receive these awards for complications, such as:

• Scarring or disfigurement
• Loss of a body part or bodily function
• Severe and chronic physical pain
• Post-traumatic stress disorder (PTSD)
• Depression
• Anxiety
• Insomnia
• Loss of a relationship with your loved ones
• Loss of the ability to participate in hobbies and activities you used to enjoy

Unlike medical bills, lost wages, and property damage, there is no specific amount you can add up to determine how much you should receive for your pain and suffering. Instead, insurance companies typically use one of the following methods to calculate pain and suffering:

Per diem method

Per diem means “per day.” Insurance companies assign a dollar amount for each day you suffer physical and mental injuries. This amount is often based on your wages. Per diem may be an adequate way to figure pain and suffering for more minor injuries with a clear date of recovery. It is usually not a good method for claims involving serious or catastrophic injuries.

Multiplier method

This method takes your medical expenses and multiplies the amount by a number between 1.5 and 5. Your pain and suffering multiplier is based on several factors. More severe injuries with lengthier recoveries usually lead to a higher multiplier. The extent to which your injuries interfere with your daily life can also affect the number, as can the overall strength of your case and your ability to clearly prove fault.

When trying to determine how much your case is worth, there is no hard and fast pain and suffering formula you can use, and no online pain and suffering calculator will give you a complete picture. Every case is unique, and the best way you can estimate what your claim is worth is by speaking with an attorney. Our firm has nearly 40 years of experience we can use to help identify and demand fair compensation for all your damages.

How does your insurance coverage affect your ability to recover pain and suffering damages?

If you sustained injuries in a car accident, the type of auto insurance policy you selected could affect your ability to recover compensation for pain and suffering.

Under Pennsylvania’s “choice” no-fault system, motorists choose whether they want full tort or limited tort coverage. The benefit of limited tort is lower premiums. The drawback is that if a negligent driver hurts you, you usually cannot seek pain and suffering unless you have a serious injury as defined by law. Full tort is more expensive but gives you the unrestricted right to seek these and other damages.

According to 75 Pa. Cons. Stat. § 1702, a serious injury is one resulting in “death, serious impairment of body function, or permanent serious disfigurement.”

Can our lawyers get you a higher settlement?

While there are no guarantees, working with an attorney may improve your ability to pursue full and fair compensation, depending on the circumstances of your case. There are many reasons for this.

First, hiring our lawyers sends the message to the insurance company that you will not settle for less than what you deserve. Allowing us to communicate on your behalf means you have a powerful legal ally protecting your rights and could also prevent you from unintentionally doing or saying something that insurers could use against you to hurt your claim.

Next, our legal team has the skills to help you build a solid case. To increase their profits, insurance companies will look for reasons to void your claim or pay you as little as possible. We can help you combat this by presenting strong evidence showing that another party was at fault, and you deserve compensation for all your losses, including pain and suffering.

Finally, our lawyers know how to negotiate. We understand the tactics insurance companies use and how to combat them. We fight tirelessly to get full and fair compensation for each of our clients.

What can you do to increase your chances of securing compensation?

You can help increase the chances of securing an advantageous settlement by thoroughly documenting your losses.

You can support your pain and suffering claim by keeping a diary that details your physical pain, mental and emotional state, and ways you notice your injury interfering with your daily activities.

You can verify your other losses by starting a file with all your medical records, medical bills, receipts for any treatment or vehicle repairs you paid for, and any other out-of-pocket expenses related to your accident and injuries.

Start your case before the statute of limitations expires

You do not have unlimited time to seek pain and suffering damages in Pennsylvania.

The threat of legal action incentivizes the insurance company to offer you fair payment.

According to 42 Pa. Cons. Stat. § 5524(2), you have two years to pursue most cases. Our law firm could help you get started right away.

Contact KBG Injury Law for help with your personal injury case

KBG Injury Law assists clients in Pennsylvania with personal injury cases involving auto accidents, medical malpractice, premises liability, workplace accidents, and more. If someone else’s negligence hurt you or someone you love, our attorneys could help you pursue compensation for your pain and suffering, as well as medical expenses, lost wages, and other damages.

We pride ourselves on our compassionate representation and commitment to those who seek our help. To learn more about how we can serve you, contact us today for a consultation.