Pain and Suffering in Personal Injury Cases
Written by Cooper & Friedman PLLC on September 9, 2025
In personal injury cases, the compensation that most plaintiffs seek covers economic damages. This can include lost wages, medical expenses, property damage, lawyer fees, and travel expenses, amongst others. They are concrete and quantifiable. But, there are other damages that are not as cut-and-dry as economic damages. The other, non-quantifiable damages will often be labeled as “pain and suffering.”
But, what exactly is pain and suffering in a personal injury case? How do courts evaluate it?
What is Pain and Suffering in a Legal Case?
Pain and suffering encompasses physical pain and suffering, emotional distress, psychological trauma, and mental anguish. Examples are:
- Depression
- Anxiety
- Grief
- Insomnia
- PTSD
- Loss of enjoyment of life or previously enjoyed activities
- Loss or damages to sexual or marital relationships
- Chronic pain
- Limited mobility
- Permanent conditions or disabilities resulting from the accident
Loss of Consortium
Oftentimes, pain and suffering refers to what the victim experiences as a result of an accident. However, if a wrongful death results from an accident, then the victim’s family may also claim pain and suffering for the grief, mental pain, and emotional anguish. This is known as loss of consortium. Examples of loss of consortium can include the loss of:
- A caretaker
- Companionship
- Parental guidance
- Spousal intimacy
- Love and affection
- Household services
How Pain and Suffering is Proven
Because pain and suffering are non-economic damages, they are difficult to quantify. Instead, the damages are evaluated through past and present evidence. This can include:
- Medical records,
- Doctors’ testimonies,
- Therapist, mental health expert, or psychologist notes,
- Personal journals, vlogs, letters, or other documents outlining a victim’s pain and suffering
- The testimony of witnesses, family, friends, coworkers, and others who have insight into the victim’s daily life and impacts of the accident, and
- The results of similar cases prior to yours.
Sometimes, they are calculated using the multiplier method or the per diem method.
Multiplier method: A plaintiff’s total economic damages are multiplied by a number between 1.5 to 5. The number is determined by the severity of injury or loss.
Per Diem Method: Courts assign a daily monetary value to the pain and suffering of the victim, and then multiply the value by the duration of healing for a total compensation amount.
How a Personal Injury Lawyer Can Help Prove Pain and Suffering
Pain and suffering is a very subjective point of compensation. It will vary by case, state, judge, and court. By having a local personal injury lawyer who knows the judges, courts, and other lawyers in the area, you have a higher likelihood of successfully navigating the case. Furthermore, a lawyer with a lot of experience will know how to effectively argue the full impact of the victim’s injuries.
If you or someone you love has been injured in an accident in the state of Kentucky and are in need of an experienced injury attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of personal injury victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.