Many people consider only physical injuries and property damage when claiming damages after a personal injury accident. That is because these types of losses are visible. However, what about mental anguish, discomfort, and emotional distress? This is what the damages for pain and suffering address. That is damages whose attached value is not tangible.

You may wonder how the court calculates a victim's pain and suffering value if it is intangible. There are several ways to allocate a dollar amount to pain and suffering damages. One of them is the pain and suffering multiplier. This blog explains everything you need to know about how the pain and suffering multiplier works.

The Difference Between Non-economic and Economic Damages

To comprehend how the pain and suffering multiplier works, you must understand how non-economic and economic damages differ. Both are damages you can pursue after involvement in a personal injury accident.

Economic damages are also called special damages. They compensate for the tangible losses suffered from the collision. By tangible, it means the losses to which it is easy to assign a dollar value. The most common economic damages include:

  • Lost wages
  • Medical bills
  • Property damage
  • Lost earning capacity
  • Out-of-pocket expenses

These damages are depicted in the income you lost and expenses you paid. They include expected future losses, too.

Non-economic damages are also called general damages or pain and suffering damages. These compensate for the intangible losses—losses to which it is difficult to assign a dollar value. Generally, pain and suffering damages fall under two categories: emotional and physical pain.

Physical suffering and pain refer to anything involving bodily distress arising from injuries. This includes:

  • Road rash
  • Neck pain and back pain resulting in possible lifelong disability
  • Fractures or broken bones that limit mobility and cause severe discomfort
  • Traumatic brain injury, causing persistent headaches and affecting cognitive function
  • Respiratory distress
  • Spinal cord injury leading to paralysis and long-term pain management
  • Burns, causing severe pain and necessitating extensive treatment
  • Disfigurement and scarring resulting in physical discomfort
  • Amputation
  • Soft tissue-related injuries like joint strains and sprains that lead to mobility issues and pain

These are only a few examples of physical pain that can lead to pain and suffering damages.

Emotional suffering and pain are more difficult to demonstrate since they are abstract. Prevalent examples are:

  • Mental anguish and suffering
  • Emotional distress
  • PTSD (Post-traumatic stress disorder)
  • Cognitive disorders
  • Loss of consortium the family suffered
  • Grief
  • Diminished quality of life
  • Fear and anxiety
  • Loss of enjoyment of life
  • Hopelessness or depression
  • Insomnia

There is no definite standard for determining the value of non-economic losses. The jury members must apply their judgment to determine a reasonable value depending on their common sense and available evidence.

These losses are highly subjective. Thus, people could disagree broadly about the compensation amount deserved. However, you can pursue compensation if you sustained them due to another person's negligence.

How The Pain and Suffering Multiplier Works

The pain and suffering multiplier is a method to determine what just compensation will be in an injury case. The method adds up a victim's special damages and then multiplies the result by a figure between one and five to obtain their general damages. The outcome can guide settlement negotiations in the case.

In personal injury cases, a multiplier refers to a number used to quantify the value of a victim's general damages. That said, multipliers, in this case, are the numbers between one and five. The multiplier technique is the most prevalent way lawyers determine general damages. This technique utilizes a scale of one to five to depict the seriousness of the general damages. Higher values indicate more serious injuries and harm. The multiplier utilizes the sum of the victim's special damages to approximate a reasonable settlement amount for general damages.

Sample Calculation by the Pain and Suffering Multiplier

Let us look at this hypothetical situation to comprehend how the pain and suffering multiplier works:

A car that did not yield the right of way hit Melissa while she was crossing the road. As a consequence, Melissa sustained a concussion and a broken leg. The sum of her medical bills was $30,000. Because of her injuries, she also missed work for three months, resulting in lost income totaling $6,000. So, Melissa’s special damages (lost wages + medical bills) would total $36,000.

Because of the seriousness of her injuries and their effect on her life, let us say the jury decides upon a multiplier of 3. When the jury applies the multiplier to Melissa's special damages, it will be $36,000 × 3. The answer will be $108,000. This sum would be the approximated value for her general damages, including pain and suffering. Thus, to obtain Melissa's overall claim will entail adding general special damages together. That is $108,000 + $36,000, which is $144,000.

Determining a Multiplier

Deciding what multiplier to use in an injury accident case can be complex. This is because of the subjective character of the non-economic damages. As mentioned, no universal multiplier applies to all personal injury cases. The multiplier that applies in a specific case is significantly based on the severity and facts of the case. Factors affecting the selection of a multiplier might include:

  • The percentage of guilt
  • The recovery period
  • The level of the lifelong implication of the harm or injury
  • The injury’s effect on lifestyle

Attorneys might refer to prior resembling cases for guidance. However, the final decision is usually an issue of negotiations between the victim’s and the at-fault party’s sides. Thus, comprehending the application of the pain and suffering multiplier formula is essential to ensure you receive just compensation. You want to seek professional legal counsel when pursuing non-economic damages in your personal injury claim or lawsuit.

Factors Justifying a Higher Multiplier

The selection of a higher multiplier in personal injury cases depends on various contributing factors. The factors mainly revolve around:

  • Medical prognosis. Any severe medical prognosis could also warrant a high multiplier. This includes a prognosis such as a low probability of fully recovering or a higher chance of future medical complications.
  • How severe the injury is. Severe injuries that necessitate extensive medical care often justify a higher multiplier. These include spine injuries, severe burns, or traumatic brain injuries that lead to intense pain.
  • The injury’s effect on the victim’s day-to-day life. How much the injuries have affected the victim’s lifestyle affects the multiplier choice. A higher multiplier is an option if the claimant cannot do the activities they used to enjoy before the accident. The same case applies if the injury has compromised the victim’s capability to earn income.
  • The long-lasting consequences of the injury. Should the injury result in lifelong health conditions, the jurors may use a high multiplier to cover these lasting impacts. Such conditions include disfigurement, chronic pain, or mental health problems like PTSD.

Note that higher multipliers translate to a higher compensation for general damages. This is to reflect the increased general damages the victim suffered. Thus, accurately evaluating all the above factors is essential to ensure just compensation.

Using a Higher Multiplier Could Backfire

A higher multiplier can lead to a significant compensation amount for general damages. However, using it can, at times, backfire. This mainly happens as defense attorneys or insurance companies could see a higher multiplier as a move to inflate or overreach the compensation.

Skepticism from insurers could result in an increased inspection of your personal life and medical reports and records. This could create a more controversial negotiation process. In addition, if your lawsuit or claim cannot justify the higher multiplier utilized, it might weaken your credibility. This can cause the at-fault party to challenge your whole claim.

Also, should your case be subject to court proceedings, a jury or judge might perceive a demand for overly high compensation as greedy or unreasonable. This may affect their decision negatively. Hence, while accurately conveying the degree of your suffering and pain is essential, having a justifiable and reasonable approach when using the pain and suffering multiplier also matters.

Possible Challenges In Estimating The Value of General Damages

Assigning a dollar amount to non-economic damages is difficult because they are subjective. Here are common challenges:

  • Biased jury. Each member of the jury has their own experiences. Even when striving to be impartial, their experiences can affect how they view suffering and pain.
  • Emotional distress. Mental health conditions such as depression, anxiety, and fear vary from person to person, making measuring intensity challenging.
  • Future impact. Cases of personal injury usually consider the long-term effects of injuries. However, foretelling future suffering and pain can be difficult.
  • Suffering and pain are personal. Whatever one party feels as severe, another might find tolerable. That makes it extremely challenging to quantify general damages.
  • Lack of or inadequate evidence. General damages do not come with evidence of lost wages or medical bills. Rather, evidence comes from testimonies from victims, medical professionals, and witnesses.

The multiplier formula provides the jury with a technique to approach intangible damages. This results in fair compensation decisions.

Possible Limitations on These Damages

Although state laws award non-economic damages, it is crucial to know these possible limitations:

  • Pre-existing medical condition. If you already have a medical condition that might be contributing to your suffering and pain, the jury will look at the amount of the pin that originates from the collision itself.
  • Solid evidence is key to recovering the maximum compensation amount for general damages. Any weakness or loophole in the available evidence will decrease possible compensation.
  • Shared liability. State law uses the pure comparative negligence system. Put otherwise, if the jury finds you partly to blame for a crash, it will deduct the percentage of your responsibility from your pain and suffering compensation amount.
  • Caps on damages. In some rare cases, California law may limit non-economic compensation. This includes medical malpractice lawsuits.

Should you have concerns or questions regarding these limitations, a personal injury attorney will respond to them and provide a clear way forward.

Other Methods to Calculate Pain and Suffering Compensation

Other methods are available for estimating pain and suffering compensation in California besides the pain and suffering multiplier. One of them is the per diem method. In this method, the daily amount assigned to suffering and pain is multiplied by the number of days the suffering will last. For example, let us say the daily amount is $150 daily, and the victim will recover from the injuries in 150 days. In that case, the estimation would be multiplying $150 by 150, giving 22,500 U.S. dollars. In this method, the value of special damages a victim receives does not inform the value of suffering and pain.

Like the pain and suffering multiplier, the per diem method has disadvantages. These include:

  • The victim's wages inform the result
  • The specific period the crash impairs a victim's quality of life can be challenging to pinpoint
  • Usually, the outcome is much lower than the anticipated jury verdict.

Why The Pain and Suffering Multiplier Is Often Used

The jury often uses the pain and suffering multiplier to calculate general damages. That is because of this method's relative fairness and simplicity. This method systematically considers the tangible special damages and increases them by a particular number to cover the non-tangible losses.

This method gives an easier way of quantifying subjective aspects of non-economic damages. This provides a kickstart to negotiations. But note that even though it offers a guideline that drives negotiations, the actual non-economic damages award varies depending on the:

  • Legal jurisdiction
  • The case specifics
  • The jury or judge's decision

Criticisms of the Pain and Suffering Multiplier

Despite its extensive application, the pain and suffering multiplier faces criticism. Common ones include the following:

  • This method aims to introduce a level of objectivity in estimating general damages. However, selecting a multiplier is a largely subjective affair; prejudice or personal bias can influence the selection.
  • Overemphasis on special damages. Critics mention that this method overemphasizes economic damages. This may result in smaller compensations for victims with severe general damages but with lower special damages. In turn, it could harm those with low incomes or the unemployed.
  • This method often results in inconsistent results because of the several multipliers available. No universal standard for choosing the multiplier exists. That said, different evaluators may estimate similar cases differently.
  • Critics assert this formula oversimplifies the intricate process of placing a dollar on general damages. It lowers these intangible feelings to a simple multiplication of special damages. The critics say that doing this might not correctly reflect a person's true suffering.
  • Possibility for abuse. A likelihood of misusing this method exists. That is because parties may try to inflate special damages or apply an unwarranted higher multiplier to receive a higher compensation. This may result in resistance and skepticism from insurers or defense attorneys.

The Role of an Attorney In Calculating General Damages

Under California law, juries grant non-economic compensation. However, a personal injury lawyer is invaluable in recovering the maximum amount you deserve. Your lawyer can assist you in the following ways:

  • Negotiating with the insurer. Insurance companies often push aside pain and suffering compensation. However, your lawyer can use different negotiation skills to ensure the damages are reflected in your final settlement.
  • Jury argumentation. By presenting crucial evidence, your lawyer can persuasively assert why you deserve the noneconomic compensation they have recommended.
  • Proving subjectivity. By describing your story via clear communication, your lawyer can prove the degree of your suffering and pain to the jury.
  • Choosing the right calculation method. The pain and suffering multiplier has its weaknesses and strengths. There are other ways to calculate general damages, like the per diem method. Your lawyer will help you select the correct method to maximize your compensation.
  • Gathering evidence. An accident injury attorney will prove and document your injuries. This includes their seriousness and effect on your everyday life. Valuable evidence your lawyer can collect includes pain journals, expert testimonies, medical records, and therapist documentation.

With a lawyer fighting for you, you can rest assured an expert will navigate the intricacies surrounding non-economic compensation.

Find a Competent Personal Injury Attorney Near Me

Calculating pain and suffering in your personal injury case is a complicated but crucial step. It will ensure you recover fair compensation for your emotional and physical hardships after someone else's negligence causes you to suffer. Determining the value of these damages entails assessing the specific case facts, following all legal guidelines, and having a trusted attorney by your side. An attorney can negotiate maximum compensation. Also, by comprehending how the commonly applied pain and suffering multiplier is used to calculate general damages, you can better fight for compensation that covers all your losses.

At San Diego Personal Injury Law Firm, we know how suffering and pain can greatly affect your life after a collision. With decades of experience, we can help you pursue fair damages for both emotional and physical harm. Our expert lawyers will carefully review the unique facts of your case to ensure your suffering and pain are covered in your settlement. Call us at 619-478-4059 for a consultation, and trust us to obtain the damages you deserve.