How Much is Pain & Suffering Worth in a Slip and Fall Case?

Slip and fall accidents are much more common than you would think; therefore, injuries can range from minor bruises to severe fractures. Mental anguish can also present itself in a way that can make it difficult to live your life freely. To compensate for this pain, our attorneys address the intangible pain and suffering inflicted by the at-fault party and aim to provide them with the compensation they deserve. So, how much is pain and suffering worth in a slip and fall case? Let’s dive in and check out the intricacies of what goes into calculating pain and suffering for our clients.

Understanding Pain and Suffering

Pain and suffering account for the physical and emotional distress that an individual might experience as the result of an injury. Although physical pain refers to the discomfort resulting from an injury, it extends far beyond just physical injuries, as it takes emotional anguish and mental trauma into account. Mental trauma can have a significant impact on an individual’s overall quality of life. In slip and fall cases, in particular, pain and suffering could include chronic pain, anxiety, depression, loss of enjoyment of life, and various limitations in daily activities. 

Factors Influencing the Value of Pain and Suffering

There are a few factors that influence the victim’s pain and suffering, which include the following: 

• The severity of Injuries: The severity of the injuries sustained in a slip and fall accident impacts the overall value of your case. If you have minor injuries, there might be some temporary discomfort; however, more severe injuries could result in spinal cord damage or traumatic brain injuries, which could significantly impact an individual’s quality of life, and result in a lifelong disability.
• Medical Treatment and Rehabilitation: The type and duration of your medical treatment could also play a part in assessing your overall pain and suffering. You could need long-term rehabilitation, surgeries, physical therapy, and medication, which could even increase the chances of more physical and emotional pain, and increase the value of your pain and suffering case.
• Duration of Recovery: How long it takes for you to recover also impacts your compensation. Longer recovery times and time away from your normal day-to-day activities could also contribute to your pain and suffering.
• Impact on Daily Life: Slip and fall accidents can have a profound impact on the individual’s life, such as their ability to work, do what they love, and maintain relationships are all taken into account for pain and suffering. 
• Pre-existing Conditions: If you have a pre-existing medical condition, this could complicate the process of assessing your pain and suffering. Although they do not prevent you from receiving compensation, it could affect how your claim is perceived.  
• Emotional Distress: Emotional distress is an important part of your assessment, as it addresses mental health, such as anxiety, depression, PTSD, and even fear of future accidents occurring. 

Methods of Calculating Pain and Suffering Damages

There are a few different methods of calculating pain and suffering damages. These include: 

• Multiplier Method: The multiplier method involves multiplying your total medical expenses, including past and future costs of care, by a factor of 1.5 to 5, which depends on the severity of your injuries. It’s important to keep in mind that the multiplier is subjective and determined based on factors such as the severity of the injuries or any earlier cases you may have filed.
• Per Diem Method: This is a method when a daily monetary value is assigned to the victim’s pain and suffering based on the length of their recovery and how they go about their daily life. The per diem rate is then multiplied by the number of days the victim endured pain and suffering due to the injuries.
• Comparative Fault: If the victim was partially at fault in the slip and fall case, the compensation could likely be reduced based on their degree of fault.

What are Some Challenges in Assessing Pain and Suffering?

Slip and fall cases can be tricky, and assessing your pain and suffering after a slip and fall accident can sometimes be extremely difficult. Pain and suffering are often subjective and vary on a case-to-case basis, as assessing damages ultimately falls on insurance adjusters, or if the case goes to litigation, judges and juries.

A common roadblock we encounter is also the lack of tangible evidence. Pain and suffering often do not leave evidence like medical reports or other tests, which makes it very challenging to determine the level of emotional trauma an individual is experiencing. 

The damages awarded are also inconsistent as they often lack uniformity across cases and jurisdictions. Some of the most common factors include attitudes towards personal injury claims, and the skill of your attorney to influence the eventual outcome. 

Legal Considerations in Pain and Suffering Claims

• Statute of Limitations: Each state imposes a statute of limitations, specifying when a slip and fall lawsuit must be filed. If you do not file the claim within the predetermined time frame, you might not be able to seek compensation for your damages.
• Caps on Damages: Depending on the state, there are some statutory caps on non-economic damages. According to MO.gov, Missouri initiated statutory caps on non-economic damages at $400,000. These caps vary widely across jurisdictions and may be subject to change based on legislative amendments or court rulings.
• Evidence and Documentation: It’s important that you document the extent of your pain and suffering to support your claim if your case goes to litigation. Some of these include testimonies from other individuals who know about your struggles, or expert testimonies from medical professionals or psychologists. 

Injured in a Slip and Fall? Get in Touch with Mutrux Today!

It can be quite difficult to determine damages in a slip and fall case, especially when there are so many factors at play such as the severity of the injuries, time in recovery, emotional distress, and legal considerations. A slip-and-fall case can cause seemingly endless physical and emotional suffering, and have a profound impact on your daily life. At the Mutrux Firm, we want to help you get your life back on track. Get in touch with our attorneys at (888) 550-4026, or contact us here to set up a free consultation.