When someone is injured due to another party’s negligence, they may seek compensation for more than just medical bills and lost wages.
Pain and suffering compensation accounts for the physical pain and emotional distress a victim experiences after an accident.
However, since these damages do not have a direct financial cost, many people wonder: How is pain and suffering calculated?
Unlike economic damages, which are based on hard expenses, pain and suffering damages are subjective.
Courts and insurance companies use different methods to determine how much pain and suffering is worth, considering factors such as the severity of injuries, the duration of recovery, and the impact on daily life.
This guide explains how these damages are calculated and what accident victims in Texas and New Mexico should know about their legal rights.
For a free consultation, please call (575) 222-1000 or send us an online message today.
Our experienced Texas and New Mexico personal injury lawyers are here to assist you.
What Is Pain and Suffering?
Pain and suffering is a type of noneconomic damage a person endures after an accident.
These damages compensate for the physical discomfort and emotional distress resulting from injuries, covering:
- Physical pain—chronic pain, ongoing discomfort, or permanent disabilities caused by injuries;
- Emotional distress—anxiety, depression, PTSD, or other psychological trauma;
- Loss of enjoyment of life—inability to participate in hobbies, work, or daily activities; and
- Disfigurement or scarring—permanent physical changes affecting self-esteem and well-being.
Because these damages do not have an assigned value, legal professionals use specific methods to estimate pain and suffering compensation in personal injury claims. Without an experienced attorney, insurance companies may undervalue these damages, leading to lower payouts for victims.
How Do You Calculate Pain and Suffering?
Determining how much pain and suffering is worth varies by case, but courts and insurers generally use two primary methods:
1. Multiplier Method
This approach multiplies the total economic damages (e.g., medical bills and lost wages) by a number, typically between 1.5 and 5, depending on the severity of the injury. The more serious the injury and its long-term impact, the higher the multiplier.
For example, if a victim incurs $50,000 in economic damages and a multiplier of 3 is applied, their pain and suffering compensation would be $150,000 (50,000 × 3).
Factors influencing the multiplier include:
- The severity and permanence of the injury,
- The impact on the victim’s daily life and work,
- The level of fault of the other party, and
- The duration of medical treatment and recovery.
Because insurance companies often argue for lower multipliers, working with an attorney can help ensure fair compensation.
2. Per Diem Method
The per diem method assigns a daily monetary value to the victim’s pain and suffering, multiplying this amount by the number of days they experience pain.
For example, if a daily rate of $200 is assigned and the victim suffers for 180 days, their pain and suffering compensation would be $36,000 (200 × 180).
This method works best for short-term injuries with a clear recovery period. However, for long-term injuries, the multiplier method is typically preferred. Since insurers often dispute the daily rate, supporting documentation—such as medical records and expert testimony—can strengthen a claim.
Factors Influencing Pain and Suffering Compensation
Many factors affect how much you get for pain and suffering in a personal injury case.
Courts and insurance companies consider the following elements when evaluating a claim:
- Severity of injuries. More serious or permanent injuries typically result in higher compensation.
- Duration of medical treatment. Prolonged care, surgeries, or long-term therapy can increase compensation.
- Impact on daily life. If injuries prevent a victim from working, driving, or engaging in hobbies, their compensation may be higher.
- Emotional and psychological distress. PTSD, anxiety, or depression resulting from an accident can contribute to pain and suffering damages.
- Visible scarring or disfigurement. Permanent scars or amputations often lead to increased compensation.
Since pain and suffering compensation is subjective, the strength of evidence—such as medical documentation, pain journals, and expert testimony—plays a significant role in determining the final award.
Pain and Suffering Compensation in Texas
Texas allows victims to recover pain and suffering compensation in most personal injury cases, but there are exceptions. There is no cap on pain and suffering damages in car accidents, slip and fall cases, or general personal injury claims. However, in medical malpractice cases, noneconomic damages are capped at $250,000 per defendant, with a total limit of $750,000 if multiple healthcare providers are involved.
Texas courts often use the multiplier method to calculate the value of pain and suffering, but insurance companies may push for lower payouts. A skilled attorney can negotiate for fair compensation, ensuring victims receive the full amount they deserve.
Pain and Suffering Compensation in New Mexico
New Mexico also permits victims to recover compensation for pain and suffering, with key distinctions:
- There is no cap on noneconomic damages in most personal injury cases, but
- In medical malpractice cases, noneconomic damages are capped at $600,000, excluding medical expenses and punitive damages.
In New Mexico, both the multiplier and per diem methods are used to determine the worth of pain and suffering, depending on the circumstances of the case. Since insurance companies often attempt to minimize payouts, legal representation can be crucial in securing fair compensation.
Maximizing Compensation for Pain and Suffering
Because pain and suffering compensation is subjective, building a strong case is essential to securing fair damages.
Key steps include:
- Documenting injuries and treatment by keeping medical records, therapy notes, and doctor statements,
- Keeping a pain journal to track daily pain levels, emotional struggles, and activities affected,
- Providing testimony from experts like medical professionals and psychologists to support claims, and
- Hiring an experienced attorney to ensure you receive the compensation you deserve.
By taking these steps, accident victims can improve their chances of securing compensation for pain and suffering that accurately reflects their physical and emotional hardships.
Contact Tawney, Acosta & Chaparro P.C. for a Free Consultation
At Tawney, Acosta & Chaparro P.C., we fight for accident victims to recover the full damages they deserve. Our legal team understands how insurance companies evaluate how much pain and suffering is worth, and we use our experience to maximize compensation.
Whether through settlement negotiations or litigation, we are committed to securing justice for our clients. Wondering, How much do you get for pain and suffering? Contact us online or call (575) 222-1000 today for a free consultation to discuss your case and learn how we can help.
James Tawney
James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona, where he attended Northern Arizona University and graduated summa cum laude.
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