What pain and suffering means legally
Pain and suffering is the legal term for the non-economic damages that compensate you for the physical pain, mental anguish, anxiety, embarrassment, and loss of enjoyment of life caused by an injury. Unlike medical bills and lost wages, there is no exact dollar figure — the amount is determined by negotiation or, ultimately, by a jury.
The two common methods
Adjusters and attorneys use two basic methods. The multiplier method takes your total medical bills (and sometimes lost wages) and multiplies by a factor of 1.5 to 5, depending on the severity of the injury, length of treatment, and permanence of any impairment.
The per-diem method assigns a daily dollar value to your suffering — often pegged to your daily wage — and multiplies by the number of days from the accident until you recover (or, for permanent injuries, your remaining life expectancy).
What pushes the number up
Documented permanent impairment, visible scarring, multiple surgeries, the inability to return to a beloved hobby, ongoing emotional therapy, and credible testimony from family members about how the injury changed your life all push the number higher.
What pushes it down
Gaps in medical treatment, a prior history of similar injuries, social-media posts that contradict your claimed limitations, and any indication that you exaggerated to providers all push the number down — sometimes dramatically.