| Pain and suffering are considered compensatory damage because their legal purpose is to “compensate” or make the victim whole by providing financial recovery for the actual physical and emotional distress caused by an injury. |
Unlike punitive damages, which are meant to punish the defendant, pain and suffering is a form of non-economic compensatory damage designed to reimburse you for the personal, life-altering impact of someone else’s negligence.
Simply put, in a personal injury claim, compensatory damages are split into two categories. Economic damages cover your tangible, out-of-pocket losses like medical bills and lost wages. Non-economic damages, the category pain and suffering falls into, cover the harder-to-quantify costs of what you’ve been through, such as chronic pain, loss of enjoyment of life, and mental anguish.
Below, we’ll break down exactly how this works, what courts look at when determining how much pain and suffering is worth, and how an experienced personal injury attorney can help you get the full compensation you deserve.
What Are Compensatory Damages?
These are financial awards given to injury victims to compensate them for losses they’ve suffered because of someone else’s actions. The goal is simple: to put you back in the position you were in before the accident happened, as closely as possible.
They come in two main forms:
- Economic damages : These cover your financial losses, like medical bills, lost wages, future medical care, and loss of earning capacity.
- Non-economic damages: These cover the personal, human cost of your injuries, including pain and suffering, emotional distress, and loss of enjoyment of life.
Both types of damages fall under compensatory damages because they’re meant to reimburse you for something real that was taken from you. The difference is just that one is easy to calculate with receipts and pay stubs, while the other requires a closer look at how your life has actually changed.
What Is Compensatory Pain? Understanding Non-Economic Damage
“Compensatory pain” is simply pain and suffering treated as a compensable loss in a personal injury case. Courts recognize that being injured isn’t just about the hospital bill. Sometimes the suffering was in part to:
- Physical pain and discomfort from your injuries
- Emotional pain and mental anguish
- Anxiety, depression, or PTSD following the accident
- Loss of enjoyment of life
- Loss of companionship or loss of consortium for spouses
- Disfigurement or permanent physical changes
Maryland courts allow injury victims to receive reimbursement for all of these losses. If you’ve suffered any of them after an accident, they should absolutely be included in your personal injury claim.
If you’re unsure what symptoms to document, understanding delayed shock symptoms after a car accident is a helpful starting point for understanding what your body and mind may be going through.
What Are Examples of Compensatory Damages in a Personal Injury Case?
Here at the Law Offices of Alex Poberesky P.A., we have worked on personal injury cases for over twenty-five years. This has resulted in our team having a vast wealth of knowledge about every detail in regards to these types of cases. That being said, here are the most common damages we help our clients seek reimbursement for:
Economic Damages (Calculable Losses)
- Emergency room bills
- Ongoing physical therapy costs
- Lost wages while you were recovering
- Future loss of earning capacity if your injuries are permanent
- Cost of home care or assistance if you can no longer perform daily tasks
- Property damage to your vehicle
Non-Economic Damages (Human Losses)
- Chronic back pain that limits your daily movement
- Anxiety or PTSD from a traumatic accident
- Depression caused by your inability to return to work or hobbies
- A permanent scar or disfigurement that affects your self-image
- The grief of no longer being able to participate in activities with your family
Both types of losses are real and deserve to be compensated. In our experience, damages like pain and suffering often represent a significant portion of what accident victims are owed. When you work with us, we ensure that all of your damages are covered, not just the ones with bills.
What’s the Difference Between Compensatory and Punitive Damages?
People often ask us about compensatory and punitive damages, wondering if they can get both. The short answer: yes, sometimes, but they serve very different purposes. Here’s a helpful way to think about it:
| Feature | Compensatory Damages | Punitive Damages |
| Purpose | Compensate the victim for losses | Punish the wrongdoer |
| Basis | Tied to actual losses suffered | Based on the defendant’s conduct |
| How Common? | Awarded in most personal injury cases | Less common; reserved for egregious behavior |
| Caps in Maryland? | No cap in most personal injury cases | Subject to limits under Maryland law |
| Includes Pain & Suffering? | Yes | No; these are separate |
In most personal injury cases, compensatory damages are the primary focus. Punitive damages might come into play in extreme situations, like a drunk driver who caused a fatal collision or a company that knowingly sold a dangerous product. Cases involving contributory negligence can also affect how damages are awarded in Maryland.
How to Determine Compensatory Damages: Calculating Pain and Suffering
It can be hard to calculate this damage as there’s no set formula, but there are two widely used methods that courts and attorneys use when calculating pain and suffering damages.
The Multiplier Method
With this approach, your economic damages (medical bills, lost wages, etc.) are added up and then multiplied by a number, typically between 1.5 and 5, depending on the severity of your injuries and how much they’ve disrupted your life.
For example, if your economic losses total $50,000 and your injuries are serious but not permanent, a multiplier of 3 might be used, resulting in $150,000 in pain and suffering compensation.
The Per Diem Method
This approach assigns a daily dollar amount to your suffering and multiplies it by the number of days you’ve been affected. For instance, if you’re assigned $200 per day and your recovery takes 300 days, that’s $60,000 in pain and suffering damages.
Both methods are tools, not guarantees. The actual amount of compensation you can recover depends on factors like:
- The severity and permanence of your physical injuries
- How well-documented your medical treatment and emotional distress are
- The quality and consistency of your medical records
- The skill of your attorney in presenting your case
Understanding the specific legal formulas used by local courts is essential; you can find deeper insights into how pain and suffering damages are calculated in Maryland to better estimate your potential recovery.
This is exactly why having an experienced personal injury law firm on your side matters so much. We know how to build the strongest possible case for what you’ve truly lost.
Frequently Asked Questions About Pain and Suffering Damages
-
What are compensatory damages for pain and suffering?
These are financial awards meant to compensate you for the physical and emotional toll of your injuries. They cover everything from chronic physical pain to anxiety, depression, loss of joy of life, and emotional distress suffered as a result of the accident.
-
How long do I have to file a personal injury claim in Maryland?
In Maryland, you generally have three years from the date of your injury to file a personal injury lawsuit. Missing this deadline can mean losing your right to recover compensation entirely.
-
Do I need a lawyer to recover pain and suffering damages?
Technically, no. But practically? Yes. Insurance companies rarely offer fair compensation for the internal injuries without pressure from an experienced attorney. Deciding on representation is a major step; review the factors regarding whether you need a personal injury lawyer to understand the value an experienced firm brings to your claim.
-
Can pain and suffering damages be awarded in workers’ compensation cases?
Maryland workers’ compensation cases are handled differently from standard personal injury lawsuits. Pain and suffering is generally not recoverable through the workers’ comp system alone. However, if a third party (someone other than your employer) caused your workplace injury, you may be able to file a separate personal injury claim and recover pain and suffering damages through that case.
-
What factors affect the amount of pain and suffering compensation?
Key factors include the severity of your injuries, how long your recovery took or is expected to take, the impact on your daily life and relationships, the quality of your medical documentation, and how effectively your attorney presents your case.
Why Hiring a Personal Injury Law Firm Matters for Your Claim
Insurance companies are always looking for the lowest payout possible to victims. This is why they seek to diminish any damages that the victim suffers from. Having a personal injury attorney on your side changes the dynamic entirely. Here’s what we do for our clients:
- Thoroughly document your physical injuries and their ongoing impact
- Work with medical professionals to establish the full extent of your damages
- Apply the right method for calculating pain and suffering in your case
- Negotiate aggressively with insurance companies on your behalf
- Take your case to trial if a fair settlement isn’t offered
At the Law Offices of Alex Poberesky, P.A., we’ve spent over 25 years fighting for injured Marylanders. We offer a free initial case review, and we work on a contingency basis, meaning you pay nothing unless we win.
Navigating a claim can be complex. Learning what a personal injury lawyer does to investigate and negotiate your case can give you peace of mind during a difficult time.
A Note on Fault and Damages in a Personal Injury Case in Maryland
Maryland follows a contributory negligence rule, which is one of the strictest in the country. Under this rule, if you’re found even slightly at fault for your own accident, you may be barred from recovering any compensation at all.
This is exactly why how fault is established matters so much in Maryland personal injury cases. A skilled attorney can help ensure that the facts of your case are presented in a way that protects your right to recover full reimbursement.
Our team is well-versed in how Maryland handles fault determinations.
Ready to Get Full Compensation for your Pain and Suffering Damages? Call us Today!What you’ve been through since your accident, the physical pain, the sleepless nights, the anxiety, the loss of the life you had before, has value. And you deserve to be compensated for it. At the Law Offices of Alex Poberesky, P.A., we treat every client with the attention and care their case warrants, and we’re not satisfied until you are. We offer a free initial case review with no strings attached. Indeed, if you’ve been injured and you’re wondering what your pain and suffering claim might be worth, let’s talk. Call us today at (410) 484-0400 for your free consultation. |
