Pain and suffering is an important part of a Michigan personal injury case. These losses are considered “non-economic” in the sense that it can be difficult to identify a precise dollar amount that would compensate a person for the pain and suffering they experienced because of an injury. Nonetheless, there is no denying that injured people experience tremendous pain and suffering after an accident and deserve to be compensated for it. So how is pain and suffering calculated?

At Muth Law, P.C., our attorneys can help you understand Michigan personal injury law and the damages you are entitled to recover when someone else’s negligence causes personal injuries or wrongful death. With over four decades of experience, we know Michigan personal injury law inside and out and can provide expert advice to help you navigate your Michigan personal injury claim and obtain the compensation you deserve.

To put our experience to work for you, contact Muth Law today.

What Is Pain and Suffering?

When a person is injured and someone else is at fault, the injured person is entitled to financial compensation for economic and non-economic losses.

• Economic losses refer to quantifiable financial costs that a person incurs because of their injuries. These damages are typically proved by presenting evidence in the forms of bills, receipts, pay stubs, and other documents that establish the cost of medical treatment, the cost of items an injured person purchased to treat their injuries, time lost from work, and other losses that have a specific value.
• Non-economic losses are the other intangible, non-financial losses a person experiences because of an injury. They can include pain and suffering, emotional distress, and loss of enjoyment of life that can linger long after medical treatment is complete.

What Are Different Types of Pain and Suffering Damages?

Non-economic losses cover a range of intangible losses. Examples of non-economic losses that can be classified as pain and suffering in Michigan include:

• Physical pain and suffering. The physical effects of personal injuries can last long after the accident and medical treatment is complete, and may include lingering pain in the head, neck, back, legs, joints, or muscles.
• Mental anguish. Accident victims commonly experience fear, anger, anxiety, and depression in the days, months, and even years after an accident. This trauma can take a toll and can impair a person’s ability to fully recover from their injuries.
• Embarrassment, humiliation, or mortification. Injuries caused by an accident can lead to extreme feelings of inadequacy, shame, or embarrassment that can prevent you from returning to the way your life was before the accident.
• Fright and shock. People injured in an accident may experience emotional trauma such as Post Traumatic Stress Disorder (PTSD).
• Denial of social pleasures and enjoyment of life. The injuries suffered in an accident may cause so much physical pain that you can no longer participate in a hobby or activity you used to enjoy because of your injuries.

How to Determine Pain and Suffering from an Auto Accident?

There is no standard formula for calculating pain and suffering damages in Michigan. Many factors apply, including the nature of the accident, the severity of the injuries, and whether the victim’s injuries are permanent.

Nonetheless, Michigan personal injury attorneys and insurance claims adjusters generally use one of two methods to calculate damages for pain and suffering.

The Per Diem Method

The per diem method uses a daily monetary value that accounts for a person’s disability. That figure is multiplied by the number of days the person experienced pain and suffering because of their injuries or, in cases where their injuries are permanent, by the victim’s pre-accident life expectancy. For example, suppose a person was injured in a car accident and the assigned value of their pain and suffering was $200 per day. Suppose the pain from their injuries lasted for 300 days. The value of their pain and suffering compensation would be $60,000 ($200 X 300 days).

The Multiplier Method

The multiplier method uses a value, typically between 1.5 and 5, based on the severity of the person’s injuries. This number is multiplied by the person’s economic losses, resulting in the person’s pain and suffering compensation. Here, assume the injured person incurred medical bills totaling $15,00 and lost wages of $5,000, resulting in total economic losses of $20,000. Suppose their injuries were moderately severe and a multiplier of 3 was used. The injured person would be entitled to $60,000 in compensation for pain and suffering ($20,000 X 3).

Pain and Suffering Are Subjective

Unfortunately, there is no perfect way to place a monetary value on a person’s pain and suffering. Every person experiences pain and loss differently, and there are too many factors to be able to perfectly determine fair compensation for each person’s unique experiences.

Nonetheless, people injured because of someone else’s negligence are entitled to compensation for pain and suffering and other non-economic losses. The personal injury attorneys at Muth Law can evaluate your situation, advise on whether you are entitled to compensation for non-economic losses, and help you recover the compensation you deserve.

Contact Muth Law Today

When an accident causes personal injuries, the personal injury attorneys at Muth Law can help. Call us at 734-481-8800 or contact our law firm online to schedule an appointment to discuss your situation. We look forward to learning how we can help you and your family.