What Type of Damages are Awarded For Pain and Suffering?

What type of damages are awarded for pain and suffering? If you sustained injuries due to the negligence of
someone else, you may receive compensation for both physical and emotional pain and suffering. The exact
calculations regarding pain and suffering will depend on the nature of your accident and the severity of your
injuries, as each personal injury case has a unique set of facts and circumstances. To discuss the specifics of your
personal injury case, call Burger Law right away at or contact us
online for a free, no-obligation consultation.

With offices in St. Louis, Chicago and elsewhere, Burger Law is ideally suited to represent
the injured throughout Missouri and Illinois. If you were injured through the negligence of another in Missouri or
Illinois, see how much your claim may be worth by using our free personal injury calculator.

How Can I Prove My Pain and Suffering?

Personal injury accidents have the capacity to leave you with serious injuries that require treatment, surgery and
recovery, oftentimes causing significant pain and suffering. While economic damages are easier to identify and calculate, non-economic damages like pain and suffering certainly
have a price too. The Burger Law St. Louis personal injury team will look to
provide the following evidence to the court or insurance company to substantiate and convey the true pain and
suffering endured as a result of your accident:

• Documentation of all visits to medical professionals
• Include any written opinions or notes from medical professionals regarding the extent and nature of your
  condition, and how it will continue to impact your life beyond the actual physical injury
• Provide a complete listing of medications prescribed
• Include testimony, depositions and opinions from additional
  neutral, third-party expert witnesses that corroborate the
  evidence provided by your physician
• Provide testimony from friends and family members that detail not only your pain and suffering on a daily basis,
  but also how your accident impacts your daily life
• Create and provide detailed documentation that describes daily life, pain scales, how the accident continues to
  impact your life and altered your ability to perform daily activities
• Provide documentation regarding any permanent, life-threatening or disabling conditions

What Constitutes Pain and Suffering?

A variety of concerns may warrant you seeking compensation for pain and suffering. Be sure to discuss the specifics
of your injuries with the Burger Law St. Louis personal injury lawyers by calling or by filling out our
online contact form. These can include:

• Mental health and behavioral concerns, such as:
  • Anxiety
  • Depression
  • Post-traumatic stress disorder (PTSD)
  • Insomnia
  • Suicidality
• Scarring or disfigurement and embarrassment, anxiety or humiliation experienced due to it
• Discomfort or pain and associated mental anguish associated with an actual injury and how it may adversely
  impact you in the future
• The disappointment or disillusionment you have at losing your ability to participate in recreational activities,
  socialize with others, enjoy the companionship of others or hold down the career that they once did

How is Pain and Suffering Calculated?

After you’ve been hurt in an accident – whether it’s a car
accident, work injury, slip and fall, or other type of accident – you are
left not only with physical injuries, but also emotional ones. When you sue the liable party for damages, in many
cases you are also entitled to payment for non-economic damages like pain and suffering.

But, you might be wondering, how can someone put a price tag on the anguish you have suffered? Insurance companies,
judges and juries take into account numerous factors when attempting to calculate what damages you are awarded,
including:

• Egregiousness of the negligent behavior by the defendant
• Severity of your injuries
• Overall physical and mental pain sustained by “typical people” with your types of injuries
• Impact the injuries have on your life
• Your employment
• Your health and how long the injury will take to heal
• The medical treatments you received and will need to continue to receive
• Eventual prognosis of your injury

Though there is some subjectivity in calculating pain and suffering damages, there are a couple of different methods
insurance companies use to determine what your pain and suffering is worth in your injury case.

The Multiplier Method

One way insurance companies calculate your pain and suffering is by the multiplier method, where the value of the
economic damages – meaning medical bills, property damage, or lost wages – is multiplied by a variable. The
variable, which can be anywhere between 1.5 and 5, is determined based on factors of the case such as how serious
the injury was, how likely the victim is to fully recover, and how much the injury has impacted the victim’s
everyday life.

The Per Diem Method

The per diem method assigns a monetary value to each day the victim has suffered due to the accident. The total for
your pain and suffering award by this method would be the daily rate multiplied by the number of days you suffered.
This method of calculation does not work out well for the insurance company when your pain and suffering is
long-term.

What Type of Damages are Awarded For Pain and Suffering? | Burger Law

If the insurance company refuses to offer you a fair settlement based on the pain and suffering you have experienced,
you may have to go to court and resolve the case in a jury trial. When your St. Louis personal injury case goes to court, it is up to
the jury to decide what your pain and suffering is worth. This is a much less precise calculation and is based on
the humanity of your peers. After all, can you really put a price tag on the physical pain, depression, anxiety,
disability and other emotional and psychological trauma you have suffered?

Your Burger Law St. Louis personal injury attorney will
help persuade the defense, their insurance company, or the jury to understand how significantly the accident has
impacted your life and your ability to enjoy it. Call us today or contact
us online.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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