What Are Pain and Suffering Damages?
Pain and suffering damages are a category of non-economic damages awarded in personal injury cases to compensate an injured person for the physical pain, emotional distress, and diminished quality of life caused by an accident. Unlike economic damages such as medical bills and lost wages, pain and suffering cannot be calculated from receipts or pay stubs. These damages reflect the human cost of an injury.
In Michigan, recovering pain and suffering damages in auto accident cases requires meeting a specific legal threshold that does not apply in most other states.
Michigan’s Serious Impairment Threshold
Michigan’s no-fault insurance law creates a unique barrier to pain and suffering claims. Under MCL 500.3135, an injured person can only pursue non-economic damages (including pain and suffering) against the at-fault driver if they suffered one of the following:
- Death of the injured person
- Serious impairment of body function, defined as an objectively manifested impairment that affects the person’s general ability to lead their normal life
- Permanent serious disfigurement
The “serious impairment of body function” standard is the most commonly litigated threshold. Michigan courts have interpreted this to mean the injury must be objectively verifiable through medical evidence, not just based on the plaintiff’s subjective complaints, and it must affect the person’s ability to live their normal life in a meaningful way.
How Pain and Suffering Is Calculated
There is no fixed formula for calculating pain and suffering in Michigan. Courts and juries consider several factors:
| Factor | What Courts Consider |
|---|---|
| Severity of injuries | Type, extent, and permanence of physical harm |
| Duration of recovery | How long the pain and limitations lasted or will last |
| Impact on daily life | Activities the person can no longer perform or enjoy |
| Emotional and psychological effects | Depression, anxiety, PTSD, sleep disturbances |
| Age of the victim | Younger victims may receive more for lifetime impact |
| Medical treatment required | Surgeries, ongoing therapy, medication needs |
Two common methods attorneys and insurance adjusters use as starting points are the multiplier method (multiplying economic damages by a factor of 1.5 to 5 depending on severity) and the per diem method (assigning a daily dollar value to the pain experienced). Neither method is binding on a court, but they provide a framework for negotiation.
Pain and Suffering in Different Case Types
The threshold requirement under MCL 500.3135 applies specifically to motor vehicle accident claims. In other types of personal injury cases, such as slip and fall accidents, dog bite injuries, or premises liability claims, there is no serious impairment threshold. The injured person can seek pain and suffering damages as long as they can demonstrate the other party’s negligence caused their injuries.
This distinction matters because it affects case strategy. In a car accident case, your attorney must first establish that your injuries meet the serious impairment standard before pursuing non-economic damages. In a premises liability case, that hurdle does not exist.
Protecting Your Right to Compensation
Insurance companies aggressively challenge pain and suffering claims. Their adjusters may argue that your injuries are not serious enough, that you recovered too quickly, or that pre-existing conditions caused your symptoms. Documenting your injuries, following your treatment plan, and keeping a journal of how your injuries affect your daily life can all strengthen your claim.
At The Joseph Dedvukaj Firm, we have recovered over million in verdicts and settlements for injury victims, including substantial pain and suffering awards. If you are dealing with pain and limitations from someone else’s negligence, contact us for a free consultation to discuss your legal options.