Breaking Down How Non-Economic Damages Are Evaluated by Insurance Companies and Juries

When you’re injured in a car accident in Mississippi, your damages go beyond medical bills and lost wages. You may also be entitled to compensation for pain and suffering—a category of non-economic damages that accounts for the physical pain, mental anguish, and emotional distress caused by the crash. While economic losses are easy to add up, pain and suffering is more subjective, and both insurance companies and juries consider several factors to determine a fair value.

Understanding how pain and suffering is calculated in Mississippi can help you know what to expect when filing a claim or taking your case to court.

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What Is Considered “Pain and Suffering”?

Pain and suffering refers to the physical, mental, and emotional toll an accident and injury take on your life. In Mississippi car accident claims, this can include:

• Physical pain and discomfort

• Chronic pain or long-term medical issues

• Mental anguish, anxiety, or depression

• Loss of enjoyment of life

• Sleep disturbances or PTSD

• Disfigurement or scarring

• Loss of mobility or independence

• Emotional trauma caused by permanent impairment

These effects don’t come with receipts, but they are very real—and can significantly affect your day-to-day life.

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Two Primary Methods Used to Calculate Pain and Suffering

1. The Multiplier Method

This is the most common approach used by insurance adjusters and personal injury attorneys in Mississippi. Here’s how it works:

• All your economic damages (medical bills, lost wages, therapy costs, etc.) are totaled.

• That total is then multiplied by a number—typically between 1.5 and 5, depending on the severity of your injuries.

For example:

• Medical expenses: $25,000

• Lost wages: $5,000

• Total economic damages: $30,000

• Multiplier (e.g., 3 for serious injuries): 3

• Pain and suffering estimate: $90,000

The multiplier is based on various factors, including:

• Severity and permanence of the injury

• Impact on daily life and ability to work

• Emotional or psychological impact

• Duration of recovery

• Level of invasive treatment (e.g., surgeries, hospitalization)

Severe injuries with long-term consequences will usually justify a higher multiplier.

2. The Per Diem Method

Less commonly used in Mississippi, the per diem method assigns a daily value to your pain and suffering and multiplies it by the number of days you were affected.

For example:

• Daily pain and suffering value: $200

• Duration of recovery: 180 days

• Total pain and suffering: $36,000

This method can be more persuasive in cases where your recovery has a defined start and end point—like a broken bone that fully heals in a few months—but may not fully capture long-term or chronic conditions.

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What Factors Do Insurance Companies and Juries Consider?

Insurance adjusters and juries both rely on supporting documentation and testimony to determine the impact of your injuries. These may include:

• Medical records that show diagnoses, treatment plans, and future care needs

• Doctor and therapist notes describing pain levels, psychological symptoms, or physical limitations

• Prescription records indicating long-term pain management or mental health medications

• Photos of your injuries and recovery process

• Daily pain or symptom journals that detail how your life has been affected

• Witness testimony from family, friends, or coworkers describing changes in your behavior, mood, or quality of life

• Vocational assessments showing that you’re unable to return to your previous line of work or daily activities

These supporting materials help give weight to your claim and validate that your suffering is legitimate and compensable.

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Mississippi Caps on Non-Economic Damages

Mississippi places certain caps on non-economic damages, depending on the type of case:

• In general personal injury cases (like car accidents): No cap applies to pain and suffering damages.

• Medical malpractice cases: Non-economic damages are capped at $500,000.

• Product liability cases: Capped at $1 million for non-economic losses.

So if your car accident did not involve a medical provider or defective product, your pain and suffering damages are not limited by law, and juries are free to award amounts based on the evidence.

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Why Legal Representation Makes a Difference

Insurance companies often undervalue pain and suffering in their initial settlement offers. Without strong legal advocacy, you may accept far less than you’re entitled to—especially if you’re pressured to settle before the full impact of your injuries is known.

An experienced attorney will:

• Gather the right documentation

• Work with medical experts to assess long-term impacts

• Use proven valuation methods (multiplier or per diem) to calculate damages

• Negotiate with insurers or present your case in court if necessary

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Call Bill Kellum for a Free consultation

If you’re struggling after a Mississippi car accident and wondering how your pain and suffering will be evaluated, don’t leave it to chance. The attorneys at Kellum Law Firm, P.C. will fight for full and fair compensation for everything you’ve endured—physically, emotionally, and financially.

Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule your consultation today.