When someone is injured in a car accident, slip and fall, or any other preventable incident in Arizona, the financial losses, such as medical bills, lost wages, and property damage, are often straightforward to document. But for most victims, the worst harm isn’t financial at all. It’s the physical pain, emotional distress, disruption to daily life, and the long recovery period that follows.
These non-economic hardships are known as pain and suffering damages, and they play a central role in most Arizona personal injury cases. But victims understandably ask the same question: how is pain and suffering calculated?
This guide breaks down how Arizona law approaches non-economic damages, how insurance companies calculate these losses, and how car accident lawyers at Harris Injury Law assist clients with gathering the documentation needed to support their claim.
Understanding Pain and Suffering in Arizona
Arizona law recognizes that an injured person is entitled to compensation for the intangible effects of an injury. These effects include:
- Physical pain
- Mental anguish
- Emotional pain
- Loss of enjoyment of life
- Daily limitations
- Anxiety, fear, and trauma
- Sleep disturbances
- Depression
- Inconvenience
- Damage to personal relationships
Unlike economic damages, which include measurable losses like medical expenses, lost income, and out-of-pocket losses, pain and suffering falls under non-economic damages, the most subjective category of compensation in a personal injury claim.
A person’s unique experience, background, injuries, and disruption to daily routines influence how these damages are valued.
The Arizona Judicial Branch recognizes non-economic damages as compensable but leaves their valuation to the judgment of juries and negotiators.
Types of Pain and Suffering Damages
Pain and suffering is not one category, it includes separate components, each of which must be supported through medical records, doctor’s notes, family member statements, and evidence from the injured person.
Physical Pain
Reflects the actual physical injury, discomfort, chronic pain, and functional limitations.
The Centers for Disease Control and Prevention (CDC) notes that long-term pain is one of the most common consequences of accident-related injuries.
Emotional Distress
Includes:
- Fear
- Anxiety
- PTSD
- Mood changes
- Frustration
- Loss of confidence
Mental Anguish
A deeper psychological impact such as:
- Severe trauma
- Emotional breakdowns
- Loss of identity
- Difficulty coping with everyday tasks
Future Pain and Suffering
Covers future pain, long-term limitations, and symptoms expected to continue after the projected complete recovery.
According to NHTSA, motor vehicle crashes frequently lead to long-lasting physical and psychological effects.
What Arizona Law Says About Pain and Suffering
Arizona does not cap non-economic damages in personal injury cases, as confirmed by the Arizona Legislature under the constitutional prohibition on damage caps (Article 2, §31).
This means juries and insurance companies must evaluate:
- The extent of pain
- Duration of suffering
- Long-term impact
- The personal effect on the victim’s life
Under Arizona’s fault laws, the at fault party is responsible for fully compensating the injured person for:
- Economic damages
- Non-economic damages
- Compensatory damages resulting from the defendant’s negligence
Arizona follows a fault-based system, so if the party’s negligence caused the injuries, the victim can seek compensation for all related harm.
How Insurance Companies Calculate Pain and Suffering
Insurance companies use structured formulas to estimate pain and suffering compensation. Their models often undervalue victims’ experiences.
The two key calculation methods are:
1. The Multiplier Method
How It Works
- The adjuster totals the victim’s economic damages, including medical bills, lost wages, and other out-of-pocket losses.
- A multiplier (1.5 to 5+) is applied depending on injury severity.
- Economic damages × Multiplier = Estimated non-economic damages.
Factors That Influence the Multiplier
- Severity of injuries
- Surgical interventions
- Length of medical treatment
- Chronic pain indicators
- Daily life disruptions
- Evidence of emotional distress
- Permanent disability
Crash severity data, tracked by the Arizona Department of Transportation (ADOT), often correlates with higher multipliers, as more serious crashes produce more severe injuries.
2. The Per Diem Method (Per Diem / Diem Method)
How It Works
A daily dollar amount is assigned to the victim’s suffering from the accident date until functional recovery.
This method is often used in cases where daily pain can be reasonably documented.
Why Insurance Companies Undervalue Pain and Suffering
Insurance adjusters represent the insurance company, not the injured victim. Their mission is to reduce payout exposure.
They commonly argue:
- Gaps in treatment
- Delayed treatment
- Minimal documented pain
- Pre-existing injuries
- Return-to-work timelines
- “Normal soreness” instead of significant pain
- Lack of psychological treatment
Many of these arguments contradict medical research, including CDC injury outcome studies documenting long-term pain and emotional trauma after accidents.
Well-organized documentation and experienced legal guidance can influence how claims are evaluated.
How Harris Injury Law Calculates Pain and Suffering
- Harris Injury Law works with clients to organize thorough documentation to support their pain and suffering claims, including:
1. Objective Medical Evidence
- Imaging results
- Surgical notes
- Physical therapy reports
- Prescription history
- Specialist evaluations
2. Subjective Experience Documentation
- Statements from the victim
- Family members documenting lifestyle changes
- Employer input
- Journals tracking day to day life limitations
3. Long-Term Impact
Includes:
- Future pain likelihood
- Long-term disability
- Emotional pain
- Lost enjoyment of life
- Inability to participate in hobbies
- Permanent restrictions
4. Mental and Emotional Evidence
Grounded in:
- Anxiety and depression assessments
- Trauma or PTSD screenings
- Sleep disruption documentation
Common Injuries That Increase Pain and Suffering Awards
Injuries that often result in significant pain and long-term psychological trauma include:
- Traumatic brain injuries
- Spinal injuries
- Severe soft tissue injuries
- Broken bones
- Loss of mobility
- Disfigurement
- Burns
- Long-term nerve damage
According to NHTSA crash injury analysis, severe injuries frequently lead to enduring physical and emotional consequences, factors central to non-economic damage valuation.
How to Strengthen a Pain and Suffering Claim
Victims should:
- Seek medical treatment early
- Follow all medical recommendations
- Avoid missed appointments
- Track symptoms in a pain journal
- Document daily limitations
- Keep all receipts and prescriptions
- Notify doctors about mental changes
- Provide photos of injuries and recovery progress
When Pain and Suffering Leads to a Lawsuit
If a settlement undervalues the suffering experienced, a personal injury lawsuit may be necessary.
Arizona juries rely on guidelines from the Arizona Judicial Branch to evaluate non-economic damages.
Court consideration includes:
- Physical discomfort
- Emotional pain
- Likelihood of future pain
- Severity of trauma
- Life disruption
- Credibility of evidence
How Car Accident Lawyers Support Pain and Suffering Claims in Arizona
Harris Injury Law has handled cases involving:
- Pain and suffering claims and supports clients through the evaluation process.
- Strategic evidence collectionIncluding psychological evaluations, medical testimony, and impact statements.
- Communication and negotiations with insurance companies on behalf of clients.
- Lawsuit if settlement negotiations do not reflect the full scope of documented losses.
- Free consultation to discuss your case.
Final Thoughts
Pain and suffering includes more than discomfort, it encompasses the full impact of the injury on a person’s day to day life, mental well-being, and long-term recovery.
Insurance companies frequently undervalue these losses, but with strong evidence and a dedicated legal team, victims can pursue fair compensation.
Harris Injury Law is committed to helping clients seek full and fair compensation under Arizona law. Call or text (480) 800-4878 for a no-obligation, free consultation.
