How Much Is Pain and Suffering Worth? Average Settlement Insights
- Reza Yassi
- Sep 16
- 6 min read
Updated: Sep 17
When someone gets hurt in an accident, the pain is not only about broken bones, cuts, or hospital bills. The real pain also comes from stress, sadness, and the way life changes after the accident. This is what lawyers and courts call "pain and suffering."
For example, imagine you are in a car crash. You break your leg. The hospital bill is $10,000. But you also cannot walk to class, cannot play sports, and feel depressed for months. The broken leg is the physical injury, but the sadness, stress, and loss of fun are pain and suffering.
If you make a personal injury claim, you may wonder: How much can I get for my pain and suffering settlement? This guide explains how settlements are decided, what affects the amount, and how you can improve your claim.
Table Of Contents
What Does Pain and Suffering Mean?
How Do Courts Measure Pain and Suffering?
What Factors Affect the Amount?
Why Medical Records and Expert Proof Matter
Real Case Example: Burn Injury in Brooklyn
Comparative Negligence: When It is Partly Your Fault
How to Get the Most Money for Pain and Suffering
➔ Work With a Good Personal Injury Lawyer
A Friendly Note: This Blog Is Solely for Information
What Does Pain and Suffering Mean?
Pain and suffering are not like a hospital bill, where you see a clear number. It is harder to measure. It includes two big things-
Physical pain: the hurt you feel in your body (broken bones, headaches, scars).
Emotional pain: the hurt in your mind (stress, fear, sadness, or not enjoying life like before).
Both types are part of the settlement when you make a claim after an accident.
How Do Courts Measure Pain and Suffering?
Courts and insurance companies use two common methods:
Multiplier Method
They take your medical bills and multiply them by a number (1.5 to 5).
The number depends on how serious your injury is and how long you suffer.
Example: If your bills are $20,000, and they use a 3, then pain and suffering = $60,000.
Per Diem Method
“Per diem” means “per day.”
A daily value is set for your suffering (for example $150/day).
Then they multiply it by the number of days you are hurt.
Example: 200 days of pain × $150 = $30,000.
No matter which method is used, proof is important. Without strong medical reports and clear evidence, the claim will be smaller.
For more information, you can also read: What is pain and suffering in a lawsuit?
What Factors Affect the Amount?
Several things can change how much money you get-
Severity of injury: A broken arm gets less than a burn injury.
Emotional impact: If you have anxiety, nightmares, or depression, the amount goes up.
Loss of enjoyment: If you cannot play sports, go dancing, or do hobbies anymore, this matters.
Age: Younger people often get higher settlements because they will live with the injury longer.
Future medical care: If you need more surgeries or therapy in the future, the settlement grows.
The idea is simple: the worse the effect on your life, the higher the settlement.
Why Medical Records and Expert Proof Matter
The strongest cases have strong evidence. This means-
Doctor's notes and journals: Show your pain each day.
Expert witnesses: Specialists can explain how your body and mind are affected.
Photos: Pictures of injuries, scars, and recovery stages.
Therapy bills: Show the cost of treatment for body or mind.
The clearer the proof you have, the fairer the money you can get.
Average Settlement Numbers
The amount of money people get for pain and suffering changes from case to case. But here are some common ranges-
These numbers can go higher or lower depending on the state, insurance, and case strength.
Real Case Example: Burn Injury in Brooklyn
Let's take an example. Someone in Brooklyn gets third-degree burns in a restaurant kitchen accident. Medical bills = $80,000.
Using the multiplier method with 4 → pain and suffering = $320,000.
Add the $80,000 medical bills → total settlement = $400,000.
If the lawyer takes 33% → the injured person gets about $268,000.
This shows why having a good personal injury attorney in Brooklyn is important. They can help get the highest fair value.
Comparative Negligence: When It is Partly Your Fault
Sometimes, the injured person is partly to blame. In that case, the money goes down.
Example: If you slip and fall but you were texting and not looking, a court may say you are 20% at fault. If the settlement was $50,000, it would be reduced by 20%. You only get $40,000.
How to Get the Most Money for Pain and Suffering
You can take steps to improve your claim-
Collect Strong Evidence
It is important for you to collect strong evidence, so-
Pain journal: Write daily about pain, missed work, and lost fun.
Photos: Show injuries and scars as they heal.
Receipts: Save therapy, medicine, and care bills.
Details: Explain how your injury changed your daily life.
Work With a Good Personal Injury Lawyer
With the assistance of a professional personal injury lawyer, you can always get the compensation you deserve.
Lawyers know local courts and judges.
They know how to value claims properly.
Insurance companies take lawyers more seriously.
A lawyer can help you with an injury claim value with the help of their local knowledge to win better results.
Negotiation Tips
Before you agree on anything, keep these things in mind-
Do not take the first offer.
Set a realistic target with your lawyer.
Stay calm, stick to facts, not emotions.
Be ready to say no to low offers.
Go to court if needed. Sometimes, trial threats bring higher settlements.
Conclusion
Pain and suffering are real. It is not just about medical bills but about how an accident changes your life. The settlement depends on your injury, strong records, and expert help.
Average amounts show what is possible: from small payouts in minor car accidents to hundreds of thousands in serious injuries like burns. The key is proof and preparation. A settlement cannot erase pain, but it can help you move forward with life.
A Friendly Note: This Blog Is Solely for Information
We hope this blog gave you a better picture of what pain and suffering mean in a lawsuit and how they may come into play after an injury. Please remember, this blog is meant to share knowledge only. It is not legal advice for your personal case. Every situation is different. The best thing you can do is talk to a lawyer who can guide you based on your own life and injuries.
Need Help After an Injury? You Do Not Have to Face It Alone
Yassi Law P.C., led by Reza Yassi, understands how strange, scary, and overwhelming it feels after an accident. You may worry about the future, your health, or your rights. You do not have to carry this stress alone.
We are here to listen, explain, and help you take steps to rebuild your life with confidence. With the right guidance, you can move forward feeling supported and secure.
FAQs
How long does it take to get a settlement?
Most settlements take a few months to a year. Small cases can be faster, while big injury cases may take longer if insurance companies argue. The stronger your evidence, the quicker things usually move.
Do I always need a lawyer for pain and suffering claims?
You do not have to, but it really helps. Insurance companies try to pay less when you are alone. A lawyer can fight for fair value and take stress off your shoulders.
What if my injury feels small? Can I still get money?
Yes, even small injuries count if they affect your life. Maybe you miss work, feel constant pain, or lose sleep. It may not be huge money, but you still deserve fair support.
Can I get money for stress and depression?
Yes, emotional suffering is part of the claim. If the accident makes you anxious, sad, or stops you from enjoying life, it matters. The court needs proof from doctors or therapists.
What happens if I was partly at fault?
You can still get money, but it is reduced. For example, if you are 30% at fault, your final payment goes down by 30%. That is why proof and good lawyers matter.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. For advice pertaining to your specific situation, please consult a qualified attorney licensed in your area.
