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How Is Pain and Suffering Calculated?

Being injured because of someone else’s negligence can take a toll in more ways than one. While many focus on medical bills and property, the emotional and physical pain you experience — what we call pain and suffering — often gets overlooked.

So, how is pain and suffering calculated? Our New York personal injury lawyers explain here.

What Are Pain and Suffering Damages?

Pain and suffering damages cover the non-economic losses someone faces after an injury. Unlike financial losses, these are harder to measure and include both the physical and emotional challenges a victim goes through. They fall into two main categories: physical pain and emotional suffering.

Physical Pain

Physical pain covers any kind of discomfort caused by an injury, including:

Acute Pain: Immediate pain from fractures, cuts, burns, etc.
Chronic Pain: Long-lasting pain, like back pain or arthritis, that lingers after the injury heals.
Post-Surgical Pain: Pain that comes from medical procedures treating an injury.

Common injuries that lead to pain and suffering claims can include broken bones, traumatic brain injuries (TBIs), spinal cord injuries, soft tissue injuries, and internal organ damage.

Emotional Suffering

How Is Pain and Suffering Calculated in New York?

In New York, pain and suffering are calculated using one of two methods: multiplier or per diem.

Multiplier Method

The multiplier method starts with the victim’s economic damages, such as medical bills and lost wages. These costs are totaled and then multiplied by a factor of 1.5 to 5, depending on the severity of the injury and its impact on their life.

For example, if a victim has $20,000 in economic damages and the court assigns a multiplier of 3, their pain and suffering damages would be calculated as:

Total Economic Damages: $20,000
Multiplier: 3
Pain and Suffering Damages: $20,000 x 3 = $60,000

Per Diem Method

Both methods have pros and cons, and the choice of method depends on the case and strategies used by the attorneys involved.

Examples of Pain and Suffering Settlements

Here are some real-world examples to help show how pain and suffering settlements may be determined.

Car Accident Settlement

Workplace Injury Settlement

Dog Bite Settlement

Are There Limitations to Pain and Suffering Damages?

Statutory Caps

New York imposes caps on non-economic damages in medical malpractice claims. As of 2023, the cap is $350,000 for non-fatal injuries and $500,000 for wrongful death cases. It’s important to note that this cap doesn’t apply to most personal injury cases, such as car accidents, just medical malpractice.

Comparative Negligence

New York follows a pure comparative negligence rule, which means if you're found partly at fault for your injuries, your compensation may be reduced. So, if a jury found you 20% responsible for your injuries, your total damages would be reduced by that percentage.

Pre-Existing Conditions

Insurance companies often argue that pre-existing conditions could have contributed to a victim’s pain and suffering; this can complicate your claim, as they may try to reduce your compensation based on prior injuries or health issues.

Documentation Requirements

Any inconsistencies or gaps in evidence could hurt your case and result in lower compensation.

How Do Attorneys Prove Pain and Suffering?

Proving pain and suffering involves using a mix of evidence and expert testimony. Attorneys may use several different strategies to show the extent of the victim’s emotional and physical distress.

Medical Records

Testimony

Testimony from different people can also support your claim:

Victim’s Testimony: The victim can describe their experiences, limitations, and emotional state.
Family and Friends: Loved ones can highlight changes in the victim’s behavior and quality of life.
Expert Witnesses: Medical professionals can explain the expected pain and suffering associated with specific injuries.

Demonstrative Evidence

Key Takeaways

Compensation for pain and suffering is typically calculated using the multiplier or per diem method.

Pain and suffering are categorized as non-economic losses and cover both physical discomfort and emotional distress.

Proving the extent of pain and suffering requires strong supporting evidence.

Contact Our New York Personal Injury Attorneys to Represent Your Case

At Field Law Group, our dedicated team of personal injury attorneys is here to assist you through every step of the legal process.

Call 212-739-7278 or contact us today to schedule a free consultation — we’re available 24/7!

About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.

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