What Are Pain and Suffering Damages?
Pain and suffering is a category of non-economic damages that compensates an injury victim for physical pain, emotional distress, loss of enjoyment of life, anxiety, depression, and the overall impact of the injury on daily living. Unlike medical bills or lost wages, there is no invoice for pain and suffering—it is calculated by weighing the nature, severity, and duration of the victim’s suffering.
How Arizona Courts Calculate Pain and Suffering
Arizona does not cap non-economic damages in most personal injury cases. The Arizona Constitution (Article 2, Section 31) explicitly prohibits caps on damages in tort actions. This means juries have wide discretion.
Two common methods are used in practice:
- Multiplier method: Multiply total economic damages (medical bills + lost wages) by a factor typically ranging from 1.5 to 5, depending on severity. A $50,000 medical bill with a 3x multiplier yields $150,000 in pain and suffering.
- Per diem method: Assign a daily dollar value to the suffering (often tied to the plaintiff’s daily wage) and multiply by the number of days the plaintiff has suffered or is expected to suffer.
Neither method is prescribed by law—attorneys use them as frameworks in negotiation and to present to juries.
How It Affects Your Personal Injury Case
Pain and suffering is often the largest component of a PI settlement or verdict. The strength of the claim depends on consistent medical documentation, a clear narrative of how the injury disrupted daily life, and expert testimony when appropriate. Gaps in medical treatment (not going to the doctor consistently) are the most common way defendants undercut pain and suffering claims.
Example Scenario
Diana breaks her arm in a Tempe intersection collision. Her medical bills total $28,000. She is a piano teacher who cannot work for four months ($16,000 lost wages). Her attorney argues a 3.5x multiplier on economic damages, arriving at a pain and suffering demand of $154,000. Total demand: $198,000.
Frequently Asked Questions
Does Arizona cap pain and suffering damages?
No. Arizona’s constitution (Article 2, Section 31) prohibits caps on damages in personal injury tort cases. Juries decide the amount based on the evidence. Medical malpractice cases follow a different standard set by statute, but general PI cases have no cap.
How do I prove pain and suffering in an Arizona PI claim?
Medical records, mental health treatment records, a pain journal documenting daily impact, testimony from family members about changes in your life, and expert medical testimony about the long-term prognosis all help establish and quantify pain and suffering. Consistent treatment is critical—gaps make it easy for the defense to argue you recovered.
Have questions about pain and suffering damages? Call Wood Injury Law at (623) 207-0000 for a free case review.