How Is Pain and Suffering Calculated in Washington?

In addition to recovering 100% of your medical bills and lost wages from work, individuals injured by another’s negligence are also receive compensation for pain and suffering from their injuries. How is pain and suffering calculated? This is a common question that our Vancouver personal injury clients have.

There is not set in stone and is usually determined on a case by case basis. The value of non-economic damages can vary greatly depending on the severity of injury and other facts and evidence of a case.

What Is Pain and Suffering?

There are many different types of injuries that can cause a person to have non-economic damages, or “pain and suffering” for which they can receive full compensation in a personal injury case. These types of damages allow for a full assessment of the physical and emotional injury that a person has suffered and do not have a direct dollar value. The term “pain and suffering” in personal injury cases is often used to refer to non-economic damages, and can refer to physical pain and suffering as well as other kinds of pain and suffering.

Pain and suffering may include:

  • Physical pain
  • Emotional distress
  • Anxiety
  • Depression
  • Mental anguish
  • Loss of enjoyment of life
  • Permanent disability
  • Scarring or disfigurement
  • Sleep disturbances
  • Loss of ability to participate in life with family and friends;
  • Loss of ability to participate in hobbies and other activities.

In addition to financial loss, serious personal injuries can have a number of additional effects on the injured person.

Is There a Formula for Pain and Suffering?

No. There is no formula to calculate pain and suffering damages.

While there is sometimes a formula or prior case used when calculating economic losses, there is no formula for calculating the amount for pain and suffering. The evidence from a case is evaluated by the insurance company, by both sides’ attorneys, by the judge or by a jury in order to come up with a value for pain and suffering.

The extent of the injury and how the injury affects the individual’s life and activities on an ongoing basis.

Factors That Influence Pain and Suffering Damages

There are a number of factors that will influence the amount of pain and suffering damages awarded for a personal injury.

Severity of the Injury

As injuries become more serious, the amount of pain and suffering damages awarded also increases.

Examples include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones
  • Severe burns
  • Permanent disabilities
  • Amputations

The more an injury affects the life of a claimant the more serious the injury is.

Length of Recovery

Recovery time is another important consideration.

A minor injury with a short healing period (a few weeks) is valued much lower than an injury which requires months or even years of physical therapy and treatment.

Long-term rehabilitation may increase non-economic damages.

Permanent Limitations

In general, the more severe an impairment is, the more it will increase the pain and suffering award. Such impairments have the capability to affect a victim’s quality of life over time.

Examples include:

  • Chronic pain
  • Limited mobility
  • Permanent nerve damage
  • Reduced physical abilities
  • Ongoing medical treatment

The effects of a long-term injury will affect a person for the rest of their life with their permanent condition(s) increasing in pain and suffering damages.

Emotional and Psychological Impact

In addition to the physical injury to you, your accidents have also caused great emotional injury and psychological damage.

These may include:

  • Anxiety
  • Depression
  • Post-traumatic stress symptoms
  • Fear of driving
  • Loss of confidence
  • Emotional trauma

Mental health treatment records are admissible to quantify the extent of injury to emotional and psychological well being.

Impact on Daily Life

The extent to which you have been affected by your injury or condition in relation to your activities of daily living, for example, work, family and hobbies, will be taken into account by both the court and the insurance company in assessing your claim.

Questions often include:

  • Can you return to work?
  • Can you care for your family?
  • Can you participate in hobbies?
  • Has your social life changed?
  • Are everyday tasks more difficult?

The greater the extent of your negative change the greater potential value there is to your claim.

Evidence Used to Support Pain and Suffering

Proper documentation of the extent of injury and the resulting consequences will often provide substantial evidence of an injured person’s pain and suffering.

Helpful evidence may include:

  • Medical records
  • Physician reports
  • Physical therapy records
  • Psychological treatment records
  • Photographs of injuries
  • Testimony from family and friends
  • Expert opinions
  • Employment records
  • Personal injury journal documenting symptoms and daily challenges

The more information you can provide with your evidence, particularly the evidence in relation to your injuries and your losses, the better we will be able to assess your claim and advise you of your losses and the level of compensation that you are likely to receive.

Insurance Companies Often Challenge Pain and Suffering Claims

In an effort to decrease the amount of pain and suffering that is being awarded to their policy holders, many insurance companies are trying to decrease the amount of pain and suffering personal injury awards.

They may argue that:

  • Your injuries are minor.
  • Your condition existed before the accident.
  • Your recovery was faster than claimed.
  • Your treatment was unnecessary.
  • Your symptoms are exaggerated.

An experienced injury attorney can counter the insurance company’s arguments with the evidence from your medical records.

How a Personal Injury Attorney Can Help

Pain and suffering from an accident is valued from accident after thorough preparation and with substantial evidence to support your right to such damages.

An attorney can help by:

  • Investigating the accident
  • Collecting medical evidence
  • Consulting qualified experts when necessary
  • Calculating all recoverable damages
  • Negotiating with insurance companies
  • We are prepared to try your case if we cannot obtain a fair settlement.

A good injury attorney will make sure that all of your damages are presented to the insurance company.

Common Mistakes That Can Reduce Compensation

Mistakes After an Accident!

These include:

  • Delaying medical treatment
  • Ignoring your doctor’s recommendations
  • Posting about the accident on social media
  • Accepting an early settlement without legal advice
  • Failing to document your recovery
  • Speaking with insurance adjusters without understanding your rights

Take the proper steps after your injury to protect important evidence.

Why Choose Mcaleer Law?

At Mcaleer Law, we understand that when you have been seriously injured in an accident, the cost of your injury extends far beyond the price of your medical care. We work hard to make sure that you receive the full compensation due for all of the ways in which your injury has affected you.

Clients choose our firm because we provide:

  • Personalized legal representation
  • Thorough case investigation
  • Careful damage evaluation
  • Skilled negotiation with insurance companies
  • Strong courtroom advocacy
  • Clear communication throughout the legal process

We seek to recover the maximum amount of damages allowed under Washington injury law.

Contact Mcaleer Law for a Personal Injury Consultation

What Is Considered When Calculating Pain and Suffering for an Injury?

We would love to speak with you regarding your claim and explain your options for pursuing compensation for your injuries. Contact Us to schedule a free consultation today.