Free Pain And Suffering Calculator (2024) – Forbes Advisor – Forbes

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If you have been injured by another person or company, you may be able to pursue a tort claim to recover monetary compensation for resulting losses. Your compensation should include payment for pain and suffering.

It can be difficult to estimate just how much your discomfort is worth after an injury. That’s why Forbes Advisor has created a pain and suffering calculator that can help you to determine the value of your claim.

Check out the pain and suffering calculator here, along with some tips on how to use it and why it is so important.

What Is Pain and Suffering?

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Victims who have been hurt by the negligence or wrongdoing of others can pursue a tort claim to recover both economic and non-financial damages. The goal is to “make them whole,” which means restoring victims as closely as possible to the position they would have been in had the injury never occurred.

When you have been harmed, you don’t just experience economic damage from missed work or medical bills. You also experience discomfort due to your physical injuries. As a result, you are entitled to compensation for this pain.

Pain and suffering are among the several kinds of non-economic damages you can collect in a tort claim, along with payment for emotional distress and lost quality of life.

Why Do You Need a Pain and Suffering Calculator?

How much is your pain worth? This can be a really hard question to answer, which is why accident victims, insurance companies and juries can struggle to put a price on pain and suffering damages.

Insurers have traditionally taken a few different approaches to try to estimate what pain and suffering are worth. Two common options include the following:

  • The pain multiplier approach: This method determines pain and suffering damages by multiplying actual economic damages like medical expenses by a set number (the multiplier). The multiplier is usually between 1.5 and 5, with a higher multiplier for more serious injuries.
  • The per diem approach: This method determines pain and suffering damages by estimating the number of days your pain persists and paying a set rate for it. The daily rate paid is often equal to a day’s wages.

A pain and suffering calculator can use both of these approaches to help you estimate how much compensation you should receive for this particular type of loss.

How Does the Pain and Suffering Calculator Work?

The pain and suffering calculator below allows you to estimate how much your pain and suffering would be worth based on both commonly used methods of estimating its dollar value.

To use the calculator, input the following information:

  • Your medical expenses include both past expenses and likely future costs.
  • A multiplier you select between 1.5 and 5. The more severe your injuries, the higher the multiplier should be.
  • The number of days you experienced pain as a result of your injuries
  • Your actual daily earnings

The calculator then shows you an estimate of the damage caused by each method of pain and suffering.

What Can You Do With the Information from a Pain and Suffering Calculator?

The information you obtain from the pain and suffering calculator can be helpful in several ways:

  • You can better estimate how much your tort claim is worth: As you plan for what the future will look like with your injuries, it is helpful to have an idea of how much compensation will be available to you.
  • You can get the information necessary to send a demand letter: If you are negotiating an out-of-court settlement with an insurance company, you may wish to send a demand letter asking for a set amount of compensation. A demand letter allows you to set the tone for negotiations by sharing your expectations. You will need to be able to estimate the value of your claim — including pain and suffering — to send an effective demand letter.
  • You can use the information to help decide whether to accept a settlement offer: If an insurer offers to settle, you can choose to accept, negotiate with a counter-offer, or decline the settlement and go to court. You need an estimate of the value of your case—including pain and suffering—to know if a settlement offer is fair and to decide how much compensation to ask for.

Remember, a pain and suffering calculator can only give you an estimate of what your pain is likely worth, though. Not all insurers use these same calculation methods. And there is often disagreement about how severe your injury is, what multiplier should be used or how many days of pain you endured.

Further, many variables affect the total amount of compensation you will receive, including the insurance policy limits of the person who harmed you, the severity of your injuries and how clear-cut the evidence is that the defendant was responsible for causing you harm.

If your case is decided in court, the jury also does not have to adhere to either the multiplier or per diem method of calculating pain and suffering. A jury can determine using their own judgment how much compensation is appropriate given the nature and severity of your injuries.

Get Help With Your Pain and Suffering Claim

A pain and suffering calculator helps you understand what compensation you should be entitled to due to your discomfort resulting from injuries—but it is not a substitute for legal advice. It is important you speak with an experienced attorney for help negotiating a settlement, estimating how much your individual claim is worth or pursuing a case in court.

An experienced personal injury lawyer can provide insight that goes beyond what a calculator can offer. Your attorney can help you understand in more detail how the law applies to your specific situation, how strong your claim is and what types of compensation you should receive. Contact an attorney as soon as possible after you have been harmed.

Frequently Asked Questions (FAQs) About Pain and Suffering Awards

What is the formula for pain and suffering?

If you make a tort claim against someone who hurt you, you are entitled to compensation for pain and suffering. Insurance companies have developed two formulas to calculate appropriate compensation for pain and suffering, including a per diem formula and a multiplier formula.

The per diem formula allows you to receive compensation equal to your typical wages for each day your pain persists. The multiplier formula allows you to receive compensation equal to your actual losses (for medical bills and other costs) times a specific “multiplier.” The multiplier is generally between 1.5 and 5, with larger multipliers used for more serious injury.

These formulas provide a standardized method for insurers to determine the compensation they will offer during settlement negotiations, although not all insurers use this approach. Regardless of what the formulas dictate, you could try to negotiate for more compensation, or a jury could award you a different amount of pain and suffering damages if you pursue a civil case in court.

How do you calculate pain and suffering?

Pain and suffering awards consider your condition’s severity and nature, along with how it impacts your ability to perform everyday activities. Pain and suffering damages are available in civil claims when someone harms you, but it can be difficult to calculate the amount due. There are different formulas used to estimate an appropriate amount of compensation for pain and suffering, including a formula that allows you to be paid your daily wages for each day your pain endures, as well as a formula that allows you pain and suffering damages equal to a multiple of actual economic losses.

These formulas can be helpful, but they are just a guide. You can try to negotiate a larger amount of compensation for pain and suffering from an insurer responsible for compensating you. Or a jury could potentially award you more substantial compensation for pain and suffering if you pursue a civil claim in court.

Is emotional distress the same as pain and suffering?

Pain and suffering are different from emotional distress. When you pursue a tort claim after someone harms you, you can pursue a claim for both pain and suffering and emotional distress. You should be compensated for both types of damages—the physical pain you endure and the suffering it causes, as well as the emotional damage, including mental distress, anxiety and depression you may experience due to the injuries.

What is covered in pain and suffering?

In personal injury cases, “pain and suffering” refers to the physical and emotional injuries a victim endures following an injury. It has two components:

Physical pain and suffering. Pain can generally be categorized as acute (short-term), episodic (intermittent) or chronic (lasting more than three months). It can emerge from a variety of injuries following an accident, including traumatic brain injuries, fractures, nerve damage, headaches, paralysis, whiplash, herniated discs and disfigurement.

Emotional pain and suffering. This category addresses the psychological impact of the injury on the victim’s well-being. This can manifest as depression, mood swings, anxiety, anger, phobias, post-traumatic stress disorder (PTSD), insomnia and a diminished quality of life.

You are entitled to seek compensation for the ongoing and future physical and emotional pain and suffering that might arise from the sustained injuries.

What injuries pay the most?

In personal injury claims, the personal injury settlement amount is often proportional to the severity and persistence of the injury. Catastrophic and long-lasting injuries, such as severe burns, spinal and neck injuries and head injuries, typically result in higher settlements. This is because of their profound and lasting impact on the victim’s life.

Cases with amputations or the loss of limbs are also associated with more significant payouts since victims have to endure major adjustments and challenges to their daily lives and future.

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