If you were injured due to someone else’s negligence, you could seek monetary compensation for your damages. While you may assume that you can only receive compensation for your medical bills and other out-of-pocket expenses, you can also seek compensation for your pain and suffering. Non-economic damages represent your subjective losses. However, assigning a monetary value to these intangible losses is challenging. Please continue reading to learn how insurance companies calculate pain and suffering and how our reliable Prince George’s County Personal Injury Lawyers can help you fight for the maximum compensation you’re entitled to.
What Is Pain and Suffering in a Maryland Personal Injury Claim?
In the legal sense, “pain and suffering” refers to the physical and emotional injuries that a victim suffers following an accident. Essentially, any physical pain or emotional distress a victim suffers after an accident qualifies as pain and suffering in Prince George’s County and the surrounding Maryland communities. This differs from medical bills or lost wages, as these damages do not have a fixed dollar amount due to their subjective nature.
As such, pain and suffering can vary considerably depending on the type and severity of injury, how long it takes the victim to recover, and the long-term impacts on the victim’s life.
Examples of Pain and Suffering Damages
- Physical pain from injuries
- Emotional distress
- Difficulty sleeping
- PTSD
- Depression and anxiety
- Reduced mobility
- Loss of enjoyment of life
- Chronic pain
- Scarring and disfigurement
- Trauma caused by long-term medical treatment
How Is Pain and Suffering Calculated After an Accident?
While there’s no universal formula in Maryland, insurance companies will use one of two methods to calculate pain and suffering.
The value of a pain and suffering claim can depend on a number of factors, including:
- The severity of the injury
- If the injury is permanent
- How long it will take the victim to recover
- The medical care necessary to treat the victim’s injuries
- The impact on the victim’s daily life and ability to work
- The emotional and psychological harm suffered by the victim
The Multiplier Method
The first method is the “multiplier” method. This practice is used to multiply the plaintiff’s actual economic damages by a factor between 1.5 and 5, depending on the severity of the plaintiff’s injuries.
For example:
- $40,000 in medical bills
- Multiplied by 3
- Estimated pain and suffering totals $120,000
Generally, more minor injuries will receive lower multipliers, while severe injuries that require surgery or long-term care can receive higher multipliers.
The Per Diem Method
The second method insurance companies may use to determine a reasonable amount for pain and suffering is the “per diem” method. The per diem or daily rate method assigns a monetary value to every day your pain persists. That number is then multiplied by the number of days you suffered.
For example:
- $100 is assigned every day that your pain persists
- 100-day recovery period
- Estimated pain and suffering would equal $10,000
What Factors Increase the Value of Pain and Suffering Damages in Maryland?
Because all injury claims are different, several factors can impact the potential value of a pain and suffering claim during a Maryland personal injury case. Understanding these factors is critical to ensuring you can fight for the compensation you are entitled to as the victim of another party’s negligent actions.
Factors That May Increase Compensation
- Permanent injuries
- Chronic pain
- Emotional distress
- PTSD, anxiety, depression
- Scarring and disfigurement
- Loss of mobility
- Disability
- Loss of enjoyment of life
- Inability to return to prior employment
- Long-term medical care
Why Insurance Companies Often Undervalue Claims
It’s important to understand that the primary objective of insurance companies is to save the company as much money as possible. Unfortunately, this often comes at the expense of injured victims. Insurance companies will often do everything possible to reduce, if not entirely deny, claims by:
- Undervaluing the severity of injuries
- Disputing the need for medical treatment
- Arguing that injuries were pre-existing
- Disputing the severity of a victim’s pain
- Using gaps in treatment to reduce compensation
When Are Standard Methods Not Appropriate?
Sometimes, the multiplier and per diem methods aren’t appropriate in determining the value of pain and suffering. Certain injuries may involve:
- Permanent scarring
- Emotional trauma
- Long-term pain, despite medical care
For example, a burn injury may not require extensive medical care, but it can still result in visible scarring and subsequent emotional distress or reduced quality of life.
Injuries That May Require More Complex Valuation
- Traumatic brain injuries
- Spinal cord injuries
- Catastrophic injuries
- Limb loss or amputation injuries
- Severe burns
- Considerable emotional trauma
- Wrongful death
Are There Caps on Pain and Suffering Damages in Maryland?
In Maryland, including Prince George’s County, there are limitations on the non-economic damages a victim can recover in a personal injury case. As such, this applies to pain and suffering, loss of enjoyment of life, and other subjective losses.
It’s important to understand that the cap will change annually. As of January 1, 2026, the cap is set at $950,000.
Contact an Experienced Prince George’s County Injury Firm Today
If you’ve been injured in a car accident in Hyattsville, Lanham, Largo, Upper Marlboro, and other surrounding Maryland communities, please don’t hesitate to discuss your circumstances with a determined Prince George’s County personal injury attorney, who can help you navigate your legal options. At Timian & Fawcett, LLC, we are prepared to help you fight for the just compensation you need to get your life back on track. When you need help, contact our team to learn more about your legal options.
