Understanding Personal Injury

February 21, 2025 by Will Pemberton

Emotional distress is an important part of settlement calculations. However, its influence can vary greatly depending on the case details, the location, and the evidence presented. The monetary influence of emotional distress on a claim can be from very little to quite a lot. Like many personal injury issues, it’s complicated. Should we dive in?

What Is Emotional Distress in a Personal Injury?

Emotional distress refers to the mental suffering an individual endures following a particular event or circumstance. In this case, emotional distress is a reaction to an injury.

Injury claims may associate emotional distress with post-traumatic stress disorder (PTSD). They can also include anxiety, depression, and a general decline in quality of life.

Unlike physical injuries, emotional distress is not always immediately visible, which makes proving its impact more challenging. However, it is a valid component of a personal injury claim and can significantly increase a settlement amount.

How Is Emotional Distress Calculated?

Economic damages like medical bills are relatively easy to calculate. For those, there’s generally a paper trail. When it comes to non-economic damages, it’s not quite as straightforward. As an element in pain and suffering calculations, claims will arrive at emotional distress amounts by:

Multiplier Method: This method adds up all economic damages, like medical bills and lost wages. Then, it multiplies this total by a number, usually between 1.5 and 5. This number depends on how severe the emotional distress is.
Per Diem Method: This gives a daily dollar amount for the emotional pain experienced. It then multiplies this by the number of days the victim has suffered.

In either case, the strength of the evidence plays a critical role in determining the final amount.

Factors in Emotional Distress Compensation

Several factors can influence how much emotional distress contributes to a settlement:

Impact and Duration: Severe PTSD or chronic anxiety often leads to higher settlements than temporary stress.
Medical Proof: Records from a mental health professional can strengthen a claim. That includes diagnoses, therapy sessions, and prescriptions.
Witness Accounts: Statements from family or friends who note behavioral changes can help validate distress claims.
Injury Severity: More traumatic injuries usually lead to higher emotional distress awards.
Defendant’s Actions: If the injury resulted from intentional harm, there may be an increase in compensation.

Challenges in Proving Emotional Distress

Because emotional distress is subjective, proving its impact can be more difficult than demonstrating physical injuries. Defendants may claim that the distress is faked or unrelated to the accident. To strengthen a claim, injury victims should consider the following:

Keeping a journal to document daily emotional struggles, nightmares, or panic attacks
Seeking professional mental health treatment and maintaining records of therapy sessions
Providing testimony from medical experts who can explain the link between the injury and psychological distress

The Role of Expert Witnesses in Emotional Distress Cases

Expert witnesses can play a crucial role in validating emotional distress claims. Psychologists and trauma specialists can provide professional assessments of a victim’s mental health. They can also accurately connect the victim’s condition to the injury.

Their testimony shows how distress affects daily life, work, and relationships. This makes it harder for insurance companies or other parties to downplay the suffering. Expert opinions can also support treatment plans, reinforcing the need for compensation that covers long-term psychological care.

Realistic Expectations in Emotional Distress Settlements

While emotional distress can significantly impact a settlement, it is important to have realistic expectations. Courts and insurance companies often examine non-economic damages carefully. Large payments for emotional distress are rare unless the case is extreme.

That said, emotional distress can still add tens of thousands of dollars to a settlement when backed by solid evidence. In cases of severe trauma, emotional distress can be much greater. This is especially the case when victims suffer a permanent disability or wrongful death.

Emotional Distress & Your Injury Claim

By documenting their psychological impact and seeking professional support, injury victims can improve their chances of securing fair compensation. While money cannot erase trauma, a well-supported injury claim can offer financial help for emotional recovery.

February 18, 2025 by Will Pemberton

Compensation for pain and suffering is calculated in a few ways.

Multiplier Method: One method is the “multiplier” method. This method multiplies actual damages by a number that shows how severe the injury is.

Per Diem Method: Another way of calculating pain and suffering is the “per diem” method. This method gives a daily dollar amount for the suffering experienced.

Pain and Suffering in Personal Injury Cases: Calculation Methods Explained

In personal injury cases, “pain and suffering” refers to the physical and emotional distress resulting from an injury. Calculating compensation for these non-economic damages is complex. It involves measuring personal experiences in a way that makes sense in terms of numbers. This is where the two methods come into play.

1. Multiplier Method

This approach involves adding up all actual economic damages (such as medical bills and lost wages) and multiplying the total by a number typically between 1.5 and 5. The multiplier reflects the severity and long-term impact of the injury.

Factors Influencing the Multiplier:

Severity of Injury: More severe injuries generally warrant a higher multiplier.
Recovery Duration: Longer recovery times can increase the multiplier.
Impact on Daily Life: Significant disruptions to daily activities may justify a higher multiplier.

Example: If an individual incurs $10,000 in medical expenses and lost wages, and a multiplier of 3 is deemed appropriate, the pain and suffering damages would be $30,000.

2. Per Diem Method

This method gives a set amount of money for each day a person suffers from their injury until they fully recover.

Determining the Daily Rate: The daily amount can be based on how much the person usually earns or another fair amount that fits their situation.

Example: If the daily rate is $200 and the person suffers for 100 days, their pain and suffering compensation could be $20,000.

Considerations in Calculating Pain and Suffering

Difficult to Measure: Putting a dollar amount on pain and suffering is hard because it depends on personal experiences.
Judge and Jury Decisions: In a trial, the judge or jury decides how much compensation is fair based on the evidence.
State Laws: Some states have limits on how much money a person can get for pain and suffering.

Insurance Company Considerations

When dealing with insurance claims, companies often use software like Colossus. Such software evaluates factors like medical expenses and injury severity to estimate pain and suffering payouts.

Insurance adjusters may try to reduce these damages. This is especially true in car accident cases where blame is unclear.

Proving Pain and Suffering

Since pain and suffering damages are subjective, proving them requires strong evidence:

Medical Records: Documenting physical injuries, treatments, and ongoing medical care.
Expert Testimony: Medical professionals can testify about the severity of injuries and long-term impact.
Personal Journals: Plaintiffs may keep journals detailing their daily pain levels and emotional distress.
Witness Statements: Family, friends, and co-workers can attest to changes in the victim’s quality of life.

Challenges in Proving Pain and Suffering

Proving pain and suffering can be hard. This is because interpretations are personal and do not have clear proof, like medical bills. Plaintiffs must demonstrate the extent of their emotional distress, chronic pain, or long-term suffering through compelling documentation.

Medical records, expert testimony, and psychological evaluations can help establish the severity of the injury. Personal journals detailing daily struggles, as well as witness statements from family and friends, can further support claims.

Strong legal arguments and thorough evidence collection are crucial in persuading insurance adjusters, judges, or juries to recognize the true impact of pain and suffering.

Pain and Suffering Laws: Wisconsin vs. Other States

Pain and suffering compensation varies by state, with some jurisdictions imposing limits on non-economic damages.

In Wisconsin, personal injury cases generally have no cap on pain and suffering, except for medical malpractice claims. In those claims, the cap for non-economic damages is $750,000.

By contrast, California limits non-economic damages in medical malpractice cases to $350,000.

Some states, like Washington, have no statutory limits on pain and suffering awards at all.

These variations highlight the importance of understanding state-specific laws when seeking compensation, as they can significantly impact settlement negotiations and trial outcomes.

Pain and Suffering in Catastrophic Injuries

Catastrophic injuries—such as permanent disabilities, severe disfigurement, or PTSD—often lead to higher pain and suffering awards. These injuries have long-term effects that impact a person’s daily life, mental health, and ability to work.

When determining compensation, courts and insurance companies consider factors like:

Ongoing medical treatment
Emotional trauma
Loss of enjoyment of life

For example, a person with a spinal cord injury from a car accident may require lifelong care. And someone with PTSD from another traumatic event might struggle with anxiety and depression for years.

Because these conditions cause lasting hardship, victims often receive higher settlements or court awards to account for their suffering. Proving the full impact of a catastrophic injury requires: medical records, expert testimony, and statements from family and friends. These statements typically discuss how the injury has changed the victim’s life.

Keep in Mind...

Calculating pain and suffering damages involves a blend of established methods and subjective judgment. The multiplier and per diem methods provide frameworks, but individual circumstances and jurisdictional nuances play significant roles in determining the final compensation.

February 5, 2025 by Will Pemberton

Personal injury lawyers bare the responsibility of obtaining their clients’ maximum compensation. This is no easy task, it often requires long hours, in-depth investigation, and integrity. Not all personal injury lawyers are the same. The best ones have a mix of skills that make them great at what they do.

Injury victims face serious challenges, many of which they have never faced before. The lawyer they choose can make a significant difference in their recovery journey – for better or worse. This article breaks down what makes a good personal injury lawyer stand out.

1. Clear and Honest Communication

A great personal injury lawyer is upfront with their clients. People who file injury claims often think they will get a huge settlement right away. A good lawyer explains how the process works, how long it may take, and what challenges they might face. Being clear from the beginning helps clients understand their case and reduces stress.

2. Good People Skills

Personal injury cases can be emotional. Clients may be dealing with pain, financial troubles, and stress. A good personal injury attorney listens carefully and shows empathy while remaining professional.

They should also be able to explain legal terms in a way that makes sense to their clients. Too much legal jargon in the client-attorney relationship is a good way to put a claim at risk.

3. Strong Attention to Detail

Winning a case often depends on small details. A great personal injury lawyer carefully gathers evidence, talks to witnesses, and reviews medical records. They prepare every case as if it could go to trial, making them ready for anything.

4. Financial Stability and Smart Resource Use

Personal injury lawyers often work on contingency fees, meaning they don’t get paid unless they win. A less experienced lawyer may rush to settle a case for less than it’s worth. A strong, well-managed law firm has the resources to take on tough cases and fight for fair settlements. Significant personal injury claim settlements can require time and tact.

5. Strong Negotiation Skills

Insurance companies want to pay as little as possible. A skilled lawyer knows how to negotiate for a fair settlement. They understand how insurers think and can use that knowledge to get the best outcome for their clients.

Some insurers will cling to an offer in hopes that the victim’s legal party will give in. But experienced attorneys know how to approach that strategy, and they hold leverage knowing

6. Smart Strategy for Settlements and Trials

A good personal injury lawyer knows when to push for a settlement and when to fight in court. They look at all the facts, consider risks, and make the best decision for their client. There are times when this means it’s time to take the claim to trial.

7. Courtroom Experience

While most cases settle out of court, some go to trial. A lawyer with courtroom experience has the confidence to argue in front of a judge and jury.

Insurance companies take injury claims more seriously when they know the lawyer is willing to go to court. This can tie up court resources and defending parties for months or years, which insurers typically want to avoid.

8. Caring and Client-Focused

Good lawyers genuinely care about their clients. They take time to answer questions, return calls, and keep clients updated. They also understand the emotional and physical toll of an injury and do their best to make the legal process smooth and stress-free.

9. High Ethical Standards

Trust is essential. A good lawyer always puts their client’s needs first, stays honest about possible outcomes, and follows legal ethics. They don’t promise results they can’t deliver and always act in a way that benefits their client.

10. A Mission to Help Others

A great personal injury lawyer has a mix of knowledge, skill, and compassion. More than that, they will have a clear mission in the way they approach injury claims. That mission should answer one simple question: Do they care about their clients? If the answer isn’t a clear yes, then stay clear.

How Much Does Emotional Distress Influence a Settlement?