What Is Pain and Suffering in Legal Terms?

February 4, 2026 | Personal Injury

What Is Pain and Suffering in Legal Terms?

When someone is injured because of another person’s negligence, the harm they experience often goes far beyond medical bills or lost wages. Physical pain, emotional distress, and a reduced quality of life can all have a lasting impact. In legal terms, these non-economic losses are commonly referred to as pain and suffering.

Understanding what pain and suffering means in a legal context can help injury victims grasp the value of their claim and why these damages are an important part of personal injury law.

Defining Pain and Suffering

In legal terms, pain and suffering refers to the physical and emotional distress a person experiences as a result of an injury. Unlike economic damages—such as medical expenses or lost income—pain and suffering damages are non-economic, meaning they do not come with a clear dollar amount attached.

Pain and suffering may include both the immediate effects of an injury and long-term or permanent consequences that affect a person’s daily life, mental health, and overall well-being.

Types of Pain and Suffering

Pain and suffering damages generally fall into two broad categories: physical pain and emotional or mental suffering.

Courts may also consider related factors such as:

  • Disfigurement or scarring
  • Loss of companionship or intimacy
  • Embarrassment or humiliation
  • Inability to participate in hobbies or activities once enjoyed

Together, these forms of pain and suffering reflect the many ways an injury can disrupt a person’s physical health, emotional well-being, and overall quality of life.

When Can Pain and Suffering Be Claimed?

Pain and suffering damages are most commonly awarded in personal injury cases.

To recover pain and suffering damages, the injured person must typically show that:

  • Another party was negligent or legally at fault.
  • That negligence caused the injury.
  • The injury resulted in physical or emotional harm.

Pain and suffering is not available in every type of legal claim, but it plays a significant role in most injury-related cases.

How Is Pain and Suffering Calculated?

Because pain and suffering is subjective, there is no exact formula for calculating its value. However, insurance companies, attorneys, and courts often rely on common methods to estimate fair compensation.

One commonly used approach is the multiplier method, where economic damages (such as medical bills) are multiplied by a number—usually between 1.5 and 5—depending on the severity of the injury. More serious or permanent injuries generally result in higher multipliers.

Another approach is the per diem method, which assigns a daily dollar amount to the victim’s pain and suffering and multiplies it by the number of days the person is expected to experience those effects.

Factors That Influence Compensation for Pain and Suffering

Several key factors are considered when determining the value of pain and suffering damages in a personal injury case.

Some of these factors are: 

  • The severity and duration of the injury
  • Whether the injury is permanent or temporary
  • Impact on daily activities and work
  • Credibility of the injured person
  • Medical documentation and expert testimony

Evaluating these elements ensures that pain-and-suffering compensation reflects the extent to which an injury has affected a person’s life.

Proving Pain and Suffering

Because pain and suffering cannot be proven with simple receipts or invoices, strong supporting evidence is essential. 

Common forms of evidence used to demonstrate pain and suffering include:

  • Medical records, physician notes, and treatment histories
  • Diagnostic tests and imaging results
  • Physical therapy and rehabilitation documentation
  • Personal testimony from the injured individual
  • Statements from family members, friends, or coworkers
  • Photographs showing injuries, scarring, or recovery progression
  • Pain journals or written accounts documenting daily limitations
  • Mental health records or psychological evaluations

Together, this evidence helps paint a complete picture of how an injury has affected a person’s physical health, emotional well-being, and overall quality of life—and why fair compensation is warranted.

Contact Marzzacco Niven & Associates for a Free Consultation With a Harrisburg Personal Injury Lawyer

Pain and suffering is a vital part of many personal injury claims, yet it is often overlooked or undervalued. These damages are meant to account for the physical pain, emotional distress, and long-term effects an injury can have on your life—losses that go far beyond medical bills alone.

If you or a loved one was injured due to someone else’s negligence, the experienced Harrisburg personal injury attorneys at Marzzacco Niven & Associates can help you understand your rights and pursue the full compensation you deserve. Contact our firm today to schedule a free consultation and learn how we can advocate for you every step of the way.

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