Key Takeaways:
- Pain and suffering covers physical pain, emotional distress, and loss of enjoyment of life after an injury.
- Insurers often use the “multiplier” or “per diem” method to value these losses.
- Pennsylvania does not cap pain and suffering damages in cases against private parties.
- A lawyer can push back on low offers and take your case to court if needed.
In a Pennsylvania personal injury case, pain and suffering includes the physical pain, emotional distress, and loss of enjoyment of life you experience because of someone else’s negligence. These damages have no fixed price, but the insurance company will work to limit them.
What Counts as Pain and Suffering in a PA Injury Case?
“Pain and suffering” refers to the physical and emotional harm a person experiences because of an injury. Unlike medical bills, these losses do not come with a receipt, but they still have real value in a personal injury claim. Common examples include:
- Ongoing physical pain
- Anxiety, depression, or sleep problems
- Loss of enjoyment of life
- Scarring or disfigurement
- Emotional distress
How Do Insurers and Courts Put a Dollar Value on It?
Insurance companies try to use so-called “objective formulas” to calculate your pain and suffering damages. As described below, they often rely on the following:
- “Multiplier” method
- “Per diem” method
Although the jury may listen to what the insurance company has to say, the ideal calculation of your pain and suffering damages is based on your own personal experience. While some things can be reduced to numbers, your damages should measure what you have personally endured and not what an adjuster says based on their own calculation.
Multiplier vs. Per-Diem: The Two Main Methods Explained
The insurance company may use the “multiplier” method when you have suffered a more serious and long-term injury. This method uses your medical expenses as the basis for the calculation. The insurance company will choose a multiplier that they will apply to the medical expenses to arrive at your pain and suffering damages. If you have suffered a less serious injury, such as a ligament tear, the multiplier can be lower. The multiplier can be as high as five for things like traumatic brain or spinal cord injuries.
The “per diem” method is used more commonly when your injury is shorter-term, and there is a definite healing date. Then, the insurance company will assign a dollar value to each day that you were dealing with the effects of the injury. You can expect disagreements over how long it is until you recover and the amount of money that is offered for each day.
Does Pennsylvania Cap Pain and Suffering Damages?
Article III, Section 18 of the Pennsylvania Constitution bars the legislature from limiting recovery for injuries to persons or property, with Workers’ Compensation as the only carve-out. The Supreme Court has read that provision to bar limits on the liability of private actors, but not government actors. In other words, there is no limit to what you can recover in pain and suffering damages. This is especially important when you have suffered a serious injury that will impact you for the rest of your life.
How a Lawyer Maximizes Your Non-Economic Damages
It is vital that you ensure that your story is listened to by the insurance company and the court if necessary. The insurance company is almost always going to understate the severity of your injury in an attempt to pay you less money. A personal injury lawyer can address this by pushing back in the negotiations and rejecting a settlement offer that pays too little.
The threat of litigation is the most effective tactic that you have when dealing with a recalcitrant insurance company. This can force the insurance company to raise their offer in settlement negotiations. There are times when you may have no choice but to take your case to court because a jury is more likely to award you the money you deserve for your pain and suffering and all of the other elements of your damages. Filing a lawsuit does not keep you from reaching a settlement agreement before the case goes to trial.
Been Injured and Need Legal Guidance? Our Experienced Philadelphia Personal Injury Lawyers at McCann Dillon Jaffe & Lamb, LLC Can Assist With Your Claim
Our Philadelphia personal injury lawyers at McCann Dillon Jaffe & Lamb, LLC can estimate your pain and suffering damages, so you know how much to seek. To schedule a free consultation, contact us online or call today at 215-569-8488. We have offices in Philadelphia and Abington, Pennsylvania, as well as Haddonfield, New Jersey, and Wilmington, Delaware. We proudly serve clients in the surrounding areas.