After an accident caused by someone else’s negligence, most people immediately think about the financial impact of their injuries. Medical bills begin arriving, time away from work results in lost income, and everyday expenses continue to pile up.
These financial losses are known as economic damages, and they are often the easiest to calculate because they come with receipts, invoices, and pay records.
However, many accident victims suffer losses that aren’t as easy to measure. Chronic pain, emotional distress, anxiety, and the inability to enjoy life the way they once did can have just as much of an impact as the financial costs of an injury. These losses are known as non-economic damages, commonly referred to as pain and suffering.
Pain and suffering refers to the physical pain, emotional distress, and overall loss of quality of life caused by an injury.
Unlike medical bills or lost wages, there isn’t a receipt that shows how much someone should be compensated for the pain they endure after a serious accident. That’s why these damages are often one of the most disputed parts of a personal injury claim.
Pain and suffering may include:
One of the most common questions we hear is:
“How much is my pain and suffering worth?”
The truth is that there is no standard formula under Indiana law for calculating pain and suffering damages.
Insurance companies sometimes use internal methods, such as applying a multiplier to a person’s economic damages, as a starting point during settlement negotiations. However, every case is unique, and there is no legal requirement that pain and suffering be calculated this way.
Instead, the value of these damages depends on the specific facts of your case.
Several factors may influence the value of pain and suffering damages, including:
The more significantly your injuries impact your life, the greater your pain and suffering damages may be.
“Every injury affects people differently,” says attorney Steve Fleschner. “Two people can suffer similar injuries but experience very different recoveries. That’s why it’s so important to tell the complete story of how an accident has changed your life, not just what appears on your medical bills.”
Generally speaking, more serious injuries result in greater pain and suffering damages.
For example, someone who suffers a broken bone that heals completely within a few months may receive different compensation than someone who experiences a traumatic brain injury, spinal cord injury, or permanent disability.
Catastrophic injuries often involve:
These life-altering injuries can dramatically affect a person’s independence, career, and future.
Many accident victims experience emotional injuries long after their physical wounds have healed.
Serious accidents can lead to:
These emotional effects are real and can significantly impact a person’s quality of life.
One of the biggest factors in determining pain and suffering is how your injuries affect your everyday life.
You may be entitled to additional compensation if your injuries prevent you from:
When an injury changes how you live, work, or interact with your family, those losses deserve to be considered.
Because pain and suffering can’t be measured with receipts, documenting your recovery can make a significant difference.
Helpful evidence may include:
This evidence helps demonstrate how your injuries have affected your life beyond the financial costs.
Insurance companies are focused on protecting their bottom line, not maximizing your recovery. They may attempt to minimize your injuries or argue that your pain isn’t as severe as you claim.
An experienced personal injury attorney knows how to present the evidence needed to demonstrate the full impact of your injuries and pursue compensation that reflects both your financial losses and your pain and suffering.
At Fleschner, Stark, Tanoos & Newlin, we’ve spent decades helping injured Hoosiers recover compensation after serious accidents. We understand that your medical bills are only part of the story. Our attorneys work to ensure every aspect of your losses, including your pain, emotional suffering, and diminished quality of life, is fully considered.
If you’ve been injured because of someone else’s negligence, contact our office today for a free consultation. We’ll review your case, answer your questions, and help you understand your legal options.
Fleschner, Stark, Tanoos & Newlin
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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