If you’ve been injured in an accident caused by someone else’s negligence, you may be facing high medical bills and lost wages. Compensation for these losses is known as economic damages in personal injury claims. Past expenses can be calculated precisely, while future losses are comparatively difficult to estimate.
However, a serious accident can also cause lasting physical, emotional, and psychological pain. So how much compensation can you get for pain and suffering?
While it’s impossible to put a specific dollar amount on personal harm like pain and suffering, these effects can and should be considered in your claim for compensation. An experienced personal injury lawyer can help you assess the value of your pain and suffering and fight for the full compensation you deserve.
What Is Pain and Suffering?
Pain and suffering refers to the physical and emotional distress you experience due to an injury or the trauma from an accident. Compensation for these losses is also called non-economic damages. This is money for losses that have no specific dollar amount. They are personal, intangible losses that have a meaningful negative impact on your life.
Pain and suffering damages may include:
- Physical pain from the injury (both short- and long-term)
- Anxiety, depression, or post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life if you’re unable to participate in activities you once enjoyed due to physical limitations or emotional distress
- Insomnia, sleep disturbances, or nightmares
- Embarrassment or humiliation from scarring or disfigurement
- Permanent disability
When Can You Get Compensation for Pain and Suffering?
In North Carolina, you can recover compensation for pain and suffering if an accident was caused by another person’s negligence or intentional wrongdoing (other than your employer, which will be the subject of another article). This includes situations like auto accidents, slips and falls, or defective products.
To qualify, you must have suffered a physical injury that resulted in pain, discomfort, or long-term limitations. Emotional and mental distress can be factored into your compensation as well.
How Are Emotional Distress Damages Quantified?
Settlements in personal injury cases tend to track jury verdicts for similar cases in that area of the state. While compensation for medical expenses and lost wages are relatively easy to calculate, judges instruct juries, “There is no fixed formula for placing a value on physical pain and mental suffering.” N.C. Pattern Jury Instruction 106.08. However, one method the law allows the victim’s lawyer to argue to the jury is the per diem method. N.C. Pattern Jury Instruction 106.22.
Per Diem Method
The per diem method assigns a dollar amount to an injured person’s pain and suffering for a specified unit of time, such as a day, month, or year. That number is then multiplied by the number of that unit the victim endures or is expected to endure the effects of their injuries.
Example: Mark, a 29-year-old warehouse worker, slipped on an unmarked wet floor at a local grocery store and fell hard on his side, fracturing his hip. The store failed to post any warning signs or clean the spill promptly. Mark underwent surgery followed by months of physical therapy. During recovery, he couldn’t walk unassisted, drive, or work. The serious injury also led to depression and anxiety due to loss of independence and isolation during healing.
A daily rate of $100 was assigned to reflect the impact on his daily life for a year, which was when his treatment essentially ended:
- Pain and suffering: $100 x 365 = $36,500
- Economic damages: $275,000
- Total compensation: $36,500 + $275,000 = $311,500
North Carolina does not specify a particular method, so it’s best to consult a personal injury attorney to determine the most appropriate calculation method for your unique case considering the verdict history in that area of the state.
Multiple of Medical Bills Method
Up until the mid-1990s, pain and suffering was often calculated as a multiple of the admissible medical bills when negotiating with insurance adjusters. While that method was never allowed in the courtroom, some insurance adjusters used it as a “quick and dirty” method of evaluating pain and suffering. The worse and longer-lasting the injury, the higher the multiple, usually 1.5 to 5 times the medical bills. Beginning in the mid-1990s, one insurance carrier after another refused to use that method in their evaluations and negotiations. That method is no longer used by any insurance carrier operating in North Carolina that we are aware of. Unfortunately, that method is often mistakenly (and perhaps fraudulently) used in some online pain and suffering calculators as a way of tricking people to call a law firm. You would be well-advised to steer clear of such “calculators.”
What Factors Can Affect Your Pain and Suffering Compensation?
Many factors can affect your pain and suffering compensation, including:
- How serious your injuries are – More severe injuries typically lead to higher settlement amounts for pain and suffering.
- How obvious your injuries are – Broken bones are more obvious than sprains and strains. Insurance carriers are always suspicious that the claimant is lying or exaggerating their injuries when those injuries are invisible. Obvious injuries, such as bone fractures, lacerations, burns, etc., are usually compensated better than less obvious injuries.
- The impact on your daily life – Your compensation may increase if your injury or the pain and mental anguish it causes impact your ability to work, care for your family, or perform daily activities.
- How long you experience pain or limitations – Long-term or permanent limitations often lead to higher compensation. Typically, the more months or years your doctors treat you for the injuries, the higher the pain and suffering component of your claim.
Proving how much an injury has impacted your life can be tough in a personal injury case. A skilled attorney will often use expert testimony to strengthen a pain and suffering claim. For example, therapists or psychologists can explain the emotional toll the injury has caused. Likewise, medical doctors can describe physical pain and long-term effects. Witness statements from friends, family, or coworkers can further support your claim by reporting how the injury has impacted your relationships or behavior.
Call Our Experienced Personal Injury Attorneys for Help Today
If you’ve been through a life-altering accident, we understand the pain you’re enduring. At Younce, Vtipil, Baznik & Banks, P.A., we know the extent of your injuries goes far beyond medical bills and lost wages. The emotional toll and physical pain you’re facing are overwhelming – and we’re here to help.
With over 90 years of combined experience, our attorneys have secured many multi-million-dollar settlements and verdicts, including a recent personal injury case that settled for $7.3 million. But our clients don’t only value our successful monetary track record. You’ll see in our testimonials that they also appreciate our compassionate approach and down-to-earth, personable manner:
“Very professional. They articulate things in a way you’ll understand, and show empathy and compassion for your situation.” – Russell
Plus, there are no financial barriers to getting started with a personal injury case. Your initial consultation is completely free, and you won’t pay attorney fees unless we recover compensation for you. We have English- and Spanish-speaking staff ready to take your call.
Call 919-661-9000 or contact us online, and let us fight for the fair compensation you deserve.
About the Author
Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.
