Pain and Suffering in MN Car Accident Claims
When people hear the phrase “pain and suffering,” they sometimes assume it refers to a vague add-on that attorneys tack onto a settlement demand. It is not. Pain and suffering is a recognized category of non-economic damages under Minnesota law, and it can represent a substantial portion of what an injured person is owed. Non-economic damages are the losses that do not come with a receipt. They include:
- Physical pain from your injuries
- Emotional distress and anxiety following the crash
- Loss of enjoyment of life
- Inconvenience caused by your recovery period
- Sleep disturbances or depression connected to the accident
These are real, compensable losses. The challenge is that they are harder to quantify than a medical bill or a vehicle repair estimate.
How Insurance Companies and Courts Calculate These Damages
There is no single formula written into Minnesota law that dictates exactly how pain and suffering is valued. Instead, adjusters and attorneys typically rely on one of two methods.
The Multiplier Method
This is the more common approach. The total amount of your economic damages, such as medical bills and lost wages, is multiplied by a number, usually between 1.5 and 5, depending on the severity and permanence of your injuries. A soft tissue injury with a full recovery might land closer to 1.5. A permanent disability or ongoing chronic pain could push that multiplier significantly higher.
The Per Diem Method
Under this approach, a daily dollar value is assigned to your pain and suffering and then multiplied by the number of days you experienced it. If a court or adjuster assigns $150 per day and your recovery took 180 days, that produces a $27,000 pain and suffering figure. This method works best when an injury has a clear endpoint.
Both methods are starting points. The final number depends on negotiation, the strength of your documentation, and how well your claim is presented.
What Strengthens a Pain and Suffering Claim
Documentation matters more than most people realize. Keeping a personal injury journal, attending all medical appointments, and following your treatment plan consistently builds a record that supports the value of your claim. A gap in treatment, by contrast, gives insurers a reason to argue your injuries were not as serious as stated. An Eagan car accident lawyer can help you understand which evidence carries the most weight and how to present your case effectively.
Minnesota’s Comparative Fault Rule
Minnesota follows a modified comparative fault system. Under Minnesota Statute 604.01, if you are found to be 51% or more at fault for the accident, you cannot recover damages at all. If you are less than 51% at fault, your award is reduced by your percentage of responsibility. This rule applies to pain and suffering damages just as it applies to economic losses. If your total pain and suffering value is $50,000 but you are found 20% at fault, you recover $40,000.
Talking to an Attorney About Your Claim
Insurance companies have adjusters whose job is to minimize what they pay out. Having an experienced Eagan car accident lawyer on your side changes the dynamic of that conversation considerably.
Bennerotte & Associates, P.A. has decades of combined experience representing injured Minnesotans. If you have been hurt in a crash and want to understand what your claim may be worth, reach out to the firm today to get answers specific to your situation.