How are Pain and Suffering Damages Calculated?

Woman massaging her arthritic hand. How are Pain and Suffering Damages Calculated Concept.

Whether you were hurt in a car crash, slip and fall, motorcycle collision, or pedestrian accident, you may be entitled to compensation if your injuries were caused by someone else’s negligence. By filing a personal injury action, you may not only be able to recover for your economic losses, but also for the pain and suffering you were caused to suffer. These damages can help ensure the at-fault party is held accountable for their wrongdoing and you are fairly compensated for your physical pain and mental anguish. 

What is Pain and Suffering?

Pain and suffering is a type of non-economic damage that refers to the physical pain, emotional distress, and mental anguish an accident victim suffered due to someone else’s negligence. Specifically, it compensates for both the direct and long-term pain a victim experienced, as well as the psychological impact of the injury. 

Pain and suffering damages also compensate for the following: 

  • Anxiety
  • Depression   
  • Emotional trauma
  • PTSD
  • Loss of enjoyment of life
  • Disfigurement
  • Sleep disturbances
  • The potential for ongoing pain
  • Future physical limitations 

Generally, pain and suffering damages are proven through medical documentation; expert opinions; personal testimony; and testimony from therapists, family, and friends. It can also be helpful to keep a journal documenting the impact of your injuries each day and how they affected your ability to carry out your daily activities. In addition, visual documentation, such as photos or video, can provide compelling evidence of pain and suffering — especially if your injuries cause you to struggle with mobility or completing basic tasks.

How is Pain and Suffering Calculated in North Dakota?

Unlike economic damages, which can easily be quantified with a number, pain and suffering damages are intangible and subjective. This can make these types of damages difficult to calculate. Courts in North Dakota consider the severity, extent, and duration of the injuries — as well as the impact they had on your life and livelihood. 

Although there is no definitive formula under North Dakota law, there are two methods that may be used to help calculate an accident victim’s pain and suffering: the multiplier method and the per diem method. 

When the multiplier method is used, your economic damages are added up and multiplied by a number between 0 to 5, depending on the severity of your injuries. This means if your economic losses total $30,000 and you were assigned a multiplier of 4, your pain and suffering damages would equal $120,000.  Every case is different and different juries can award differing amounts of pain and suffering damages with the same facts.  

In contrast, the per diem method assigns a daily value and multiplies it by the number of days you experienced the pain and suffering. The daily rate may be established by factors such as your lost daily earnings and the severity of your injuries. For instance, if your injuries were assigned a daily rate of $200 and you required 100 days of recovery, your pain and suffering damages would be $20,000. 

How Can You Maximize Your Pain and Suffering Compensation?

There are a number of factors that can impact the amount of compensation you receive for your pain and suffering. More severe injuries are typically assigned a higher multiplier. In addition, longer recovery periods generally result in greater compensation. Other factors that may influence pain and suffering damages can include the medical evidence in your case, the impact of your injuries on your life, and whether you are partly to blame for the accident. 

Importantly, there are several ways you may be able to maximize your pain and suffering damages in a personal injury claim: 

  • Seek medical attention promptly after the accident — By seeking prompt medical attention, your doctor can rule out any internal damage and recommend a course of treatment to prevent your injuries from worsening. You can also establish a causal connection between the accident at issue and your injuries, which is crucial for proving your claim.
  • Continue treating until you have reached maximum medical improvement — Treating until your doctor has declared you have reached maximum medical improvement can determine the extent of any permanent limitations caused by your injury and allow you to maximize your damages.
  • Document the impact your injuries had on your daily life — By keeping a log of how your injuries affected you each day, you can document the pain and suffering you experienced. This can help your attorney negotiate a fair settlement on your behalf.
  • Avoid posting on social media — Anything you post on social media can potentially be used against you by the other side and impact the outcome of your case. It’s best to avoid posting until your personal injury case has been resolved.
  • Don’t settle too quickly — Early in your case, the at-fault party’s insurance company may offer you a settlement. It’s important not to settle too quickly or without the advice of an attorney. The initial settlement offer is typically a lowball amount that does not account for the full extent of your damages, which is still unknown.   

While North Dakota caps non-economic damages at $500,000 in medical malpractice cases, there is no cap on pain and suffering damages in personal injury matters. 

Contact an Experienced North Dakota Personal Injury Attorney

If you have been injured due to someone else’s negligence, you may be entitled to compensation for your pain and suffering. It’s essential to have a skillful attorney by your side who can protect your rights and work to secure the maximum compensation available in your case. Located in Fargo, Fremstad Law offers aggressive advocacy for personal injury matters in North Dakota and Minnesota. We welcome you to contact us online or call 701-401-9220 to learn how we can assist you.