When someone is injured in an accident, the financial losses are often easy to identify. Medical bills, lost wages, and other out-of-pocket costs usually come with documentation. Pain and suffering damages are different. These damages are meant to account for the physical discomfort and emotional strain that an injury causes, even though those losses do not come with a price tag.
In Indiana personal injury cases, pain and suffering damages can make up a significant portion of a claim. Understanding how they are evaluated helps injured people know what factors influence settlement discussions and why these damages vary so widely from case to case.
What Are Pain and Suffering Damages Under Indiana Law?
Pain and suffering damages are considered non-economic damages. They compensate an injured person for losses that affect the quality of life rather than finances.
These damages may include:
- Ongoing physical pain
- Emotional distress, anxiety, or depression
- Loss of enjoyment of daily activities
- Sleep disruption
- Scarring or permanent disfigurement
Indiana law allows recovery for these harms in most personal injury cases, even though they are not tied to a specific dollar amount.
Is There a Formula for Calculating Pain and Suffering?
Indiana law does not require a specific formula for calculating pain and suffering damages. Instead, insurance companies, attorneys, and juries rely on commonly accepted methods to estimate a reasonable value.
Because these damages are subjective, calculations are based on context, evidence, and how the injury affects the individual’s life.
What Methods Can Be Used to Estimate Pain and Suffering Damages?
Although not legally mandated, two methods are often used during settlement negotiations.
The Multiplier Method
The multiplier method starts with the injured person’s economic damages, such as medical expenses and lost income. That total is then multiplied by a number, usually ranging from 1.5 to 5. More serious injuries involving long recovery times, permanent limitations, or chronic pain often justify a higher multiplier.
The Per Diem Method
The per diem method assigns a daily value to pain and suffering and multiplies it by the length of time the injured person is expected to experience symptoms. This approach is more common in cases with a defined recovery period rather than permanent injuries.
What Factors Can Affect Pain and Suffering Damages in Indiana?
No two injury claims are evaluated the same way. Several factors influence how pain and suffering damages are assessed.
Important considerations include:
- The severity and nature of the injury
- Whether the injury causes long-term or permanent effects
- The length and difficulty of recovery
- How the injury limits work, hobbies, or independence
- Consistency between medical records and reported symptoms
Strong medical documentation often plays a central role in supporting claims for non-economic damages.
Can Indiana’s Comparative Fault Rule Impact These Damages?
Indiana follows a modified comparative fault system. If an injured person is more than 50% responsible for an accident, they may not be entitled to recover compensation in court. If they are found to be 50% or less at fault, their damages can be reduced proportionally.
For example, if pain and suffering damages are valued at $100,000 and the injured person is found 20% at fault, the recoverable amount may be reduced to $80,000. However, if they are found 51% or more at fault, they may not be able to recover damages in court at all.
Certain claims, such as medical malpractice cases, are also subject to statutory damage caps, which can limit the total compensation available depending on the facts involved.
Proving Pain and Suffering Without Objective Measurements
Because pain cannot be measured the same way as a medical bill, evidence becomes especially important.
Helpful forms of support may include:
- Physician notes documenting ongoing symptoms
- Treatment records showing consistent care
- Statements from family members about daily limitations
- Personal journals describing pain levels and emotional impact
- Photographs showing visible injuries or scarring
Together, this evidence helps create a clearer picture of how the injury affects everyday life.
How Can Juries Evaluate Pain and Suffering?
One aspect that is rarely discussed in law firm resources is how juries, not just insurance adjusters, view pain and suffering.
Jurors tend to focus on credibility and relatability. They often consider whether the injured person sought timely medical care, followed treatment recommendations, and communicated consistently about their symptoms. Significant gaps in treatment or exaggerated claims can raise doubts, even when injuries are legitimate.
Understanding this perspective can help injured individuals appreciate why documentation and consistency matter, even if a case never goes to trial.
Why Pain and Suffering Awards Differ So Much
There is no universal value for pain and suffering damages. Two people with similar injuries may receive very different outcomes, depending on their recovery time, lifestyle impact, and the strength of the supporting evidence.
Settlement negotiations also play a role. Insurance companies frequently dispute non-economic damages, making these claims one of the most contested parts of a personal injury case.
Contact the Indianapolis Personal Injury Lawyers at Rob King & Associates Trial Lawyers for Help Today
Because pain and suffering damages are subjective and often challenged, understanding how Indiana law applies to a specific situation can be difficult without guidance. If you were injured in an accident in Indianapolis or elsewhere in Indiana, you may be entitled to compensation for pain and suffering in addition to other damages.
At Rob King & Associates, Trial Lawyers, our team boasts over 40 years of combined experience and has recovered millions of dollars for accident victims in Indianapolis and throughout Indiana. Call us today at (317) 916-0000 to schedule your free consultation with an Indianapolis personal injury attorney.
