How Is Pain and Suffering Calculated in Connecticut?
In a New Haven personal injury case, Connecticut courts and insurers typically calculate pain and suffering using either the multiplier method (your economic damages multiplied by a factor of 1.5 to 5) or the per diem method (a daily dollar value multiplied by your days of recovery).
What Counts as Pain and Suffering Damages in Connecticut?
Pain and suffering covers the physical and emotional impact of an injury on your life. Unlike economic damages, which reimburse financial losses such as medical bills and lost income, these non-economic damages compensate you for intangible harms that do not come with a receipt.
Common examples include:
- Physical pain from the injury and its treatment
- Emotional distress, anxiety, and depression
- Loss of enjoyment of life
- Sleep disturbances
- Post-traumatic stress disorder
- Permanent scarring or disfigurement
- Damage to your personal relationships
- Long-term disability or chronic discomfort
The Multiplier Method Based on the Severity of Your Injury
The multiplier method takes your total economic damages, such as medical bills, lost wages, and property loss, and multiplies them by a number between 1.5 and 5. The multiplier is based on the severity of your injuries. For example, soft-tissue injuries typically fall on the low end, while catastrophic or permanent injuries reach the high end.
Say you suffered a herniated disc in a rear-end collision. Your medical bills total $40,000 and your lost wages are $15,000, bringing your economic damages to $55,000. If the injury warrants a multiplier of 3, pain and suffering would equal $165,000. Your total claim would be worth $220,000.
The Per Diem Approach for the Number of Days You Are Incapacitated
The per diem method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days from injury until maximum medical improvement. For example, say that you slip and fall due to uneven pavement in a grocery store’s parking lot. You fracture your wrist and cannot work or perform normal activities for 180 days. At $250 per day, your pain and suffering would total $45,000.
How Insurance Companies Try to Minimize Pain and Suffering Damages
Because non-economic damages are subjective, insurance adjusters have several strategies they may use to reduce the value of your claim. These may include:
- Arguing that your injuries existed before the accident or resulted from an unrelated cause
- Disputing the necessity or duration of your medical treatment
- Pointing to gaps in treatment as evidence that your pain was not serious
- Offering a quick, low settlement before the full extent of your injuries is known
- Requesting recorded statements designed to elicit damaging admissions
- Monitoring your social media for posts that appear to contradict your claim
Find Out What Your Connecticut Personal Injury Claim May Be Worth
Every injury claim is different, and an accurate pain and suffering valuation depends on the facts of your case and the long-term impact on your daily life. The attorneys at Lynch, Traub, Keefe & Errante can review your accident, calculate both economic and non-economic damages, and explain your options under Connecticut law. Contact our New Haven office to schedule a free consultation and find out what your claim may be worth.